Martin v. Southern Kansas Railway Co.
Supreme Court of Kansas
Error from FranJclin District Court. Action by Henry Martin, as administrator of the estate of Lindley M. Carleton, deceased, against the Southern Kansas Railway Company and the Atchison, Topeka & Santa Eé Railroad Company, to recover damages sustained by the death of the intestate, caused by a runaway team frightened by defendants’ trains. There was judgment for defendants, and plaintiff brings error.
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Error from FranJclin District Court. Action by Henry Martin, as administrator of the estate of Lindley M. Carleton, deceased, against the Southern Kansas Railway Company and the Atchison, Topeka & Santa Eé Railroad Company, to recover damages sustained by the death of the intestate, caused by a runaway team frightened by defendants’ trains. There was judgment for defendants, and plaintiff brings error. The alleged errors cannot be considered by the court, because the pretended bill of exceptions, not being signed and filed at the trial term, constitutes no part of the record. See Gallaher v.…
1Opinion of the Court
*163The opinion of the court was delivered by
Johnston, J.:
Action by Henry Martin, as administrator of the estate of Lindley M. Carleton, deceased, who was killed by his runaway team that were frightened by a passing railway train. It is alleged that his death was caused by the culpable negligence of the railroad company, and damages were asked in the sum of $10,000. A trial was had, with a jury, which returned a verdict in favor of the railway company. Exceptions were taken to the rulings of the court in charging the jury, and these exceptions are the only ones assigned as error. The defendants…
2Cases cited6 opinions
- Brown v. RhodesSupreme Court of Kansas · 1863
- State v. BurrowsSupreme Court of Kansas · 1885
- Gallaher v. SouthwoodSupreme Court of Kansas · 1862
- Powers v. McCueSupreme Court of Kansas · 1892
- State v. SchoenewaldSupreme Court of Kansas · 1881
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