Bressler v. Chicago, Rock Island & Pacific Railway Co.
Supreme Court of Kansas
Error from Reno district court; Peter J. Galle, judge. STATEMENT. J. W. Bressler jumped from a buggy in which he was riding and alighted upon the track of the defendant’s railroad and was killed by a freight-train. The administratrix of his estate brought this action against the railroad company to recover damages for the negligence of the railroad company and its, employees, which, it is alleged, caused the death of Bressler.
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Error from Reno district court; Peter J. Galle, judge. STATEMENT. J. W. Bressler jumped from a buggy in which he was riding and alighted upon the track of the defendant’s railroad and was killed by a freight-train. The administratrix of his estate brought this action against the railroad company to recover damages for the negligence of the railroad company and its, employees, which, it is alleged, caused the death of Bressler. The only negligence complained of is the failure of the engineer to sound the whistle as the train approached the crossing. The train which caused the accident was…
1Opinion of the Court
*258The opinion of the court was delivered by
Smith, J.:
The only negligence alleged against the railroad company was the failure to sound the whistle upon approaching the crossing. The defense was contributory negligence on the part of the deceased. The failure of the engineer to sound the whistle was proved and is uncontroverted, and the only question of law that remains to be decided is whether the evidence of the plaintiff affirmatively shows that the déceased was guilty. of contributory negligence in crossing or attempting to cross the railroad-track. If so, the ruling of the court sustaining…
2Cases cited5 opinions
- Texas & Pacific Railway Co. v. GentrySupreme Court of the United States · 1896
- Kansas City-Leavenworth Railroad v. GallagherSupreme Court of Kansas · 1904
- Chicago, Rock Island & Pacific Railway Co. v. HindsSupreme Court of Kansas · 1896
- In re Jackson Brick & Tile Co.District Court, E.D. Missouri · 1911
- Tomlinson v. Chicago, M. & St. P. Ry. Co.Court of Appeals for the Eighth Circuit · 1904
3Cited by10 opinions
- Davis v. Chicago, R. I. & P. Ry. Co.Court of Appeals for the Eighth Circuit · 1907
- Kirby v. Kansas CitySupreme Court of Kansas · 1920
- Schaefer v. Arkansas Valley Interurban Railway Co.Supreme Court of Kansas · 1919
- Beech v. Missouri, Kansas & Texas Railway Co.Supreme Court of Kansas · 1911
- Union Pacific Railroad v. EntsmingerSupreme Court of Kansas · 1907
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