Rouse v. Downs
Court of Appeals of Kansas
Error from Neosbo District Court. Hon. L. Still-well, Judge. This action was brought in the District Court of Neosho County, by Elmina Downs, as plaintiff, against the Deceivers of the Missouri, Kansas & Texas Bail-way Company, as defendants, to recover the damages sustained by reason of the death of her minor son, Major W. Downs, who was killed in a railroad wreck While acting in the capacity of fireman in the employ of said Deceivers.
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Error from Neosbo District Court. Hon. L. Still-well, Judge. This action was brought in the District Court of Neosho County, by Elmina Downs, as plaintiff, against the Deceivers of the Missouri, Kansas & Texas Bail-way Company, as defendants, to recover the damages sustained by reason of the death of her minor son, Major W. Downs, who was killed in a railroad wreck While acting in the capacity of fireman in the employ of said Deceivers. It is conceded that the deceased was a fireman in the employ of the Deceivers of the company, and, at the time of his death,'was engaged in the discharge of…
1Opinion of the CourtDennison, P. J.
The errors complained of are discussed under four subdivisions, as follows: First, overruling the motion to make the petition more definite and certain; second, the petition does not state a cause of action; third, overruling the demurrer to the evidence of the plaintiff below, and refusing 'to instruct the jury to find for the defendants below; fourth, instructions refused by the court.
It is probable that the petition was a little more descriptive than was necessary. However, we cannot ascertain wherein the rights of the plaintiff in error were prejudiced thereby. The unnecessary allegations…
2Cases cited1 opinion
- Atchison, Topeka & Santa Fé Railroad v. MooreSupreme Court of Kansas · 1884
3Cited by2 opinions
- Am. Nat. Bank of McAlester v. Mergenthaler LinotypeSupreme Court of Oklahoma · 1912
- Raymond v. Portland RailroadSupreme Judicial Court of Maine · 1905