Union Street Railway Co. v. Stone
Supreme Court of Kansas
Error from Cowley District Court. On the 19th of April, 1890, the plaintiff, Mrs. Hilie Stone, filed her petition against the city of Winfield and the Union Street Railway Company, as defendants, to recover $5,000 damages for personal injuries.
Read the full summary
Error from Cowley District Court. On the 19th of April, 1890, the plaintiff, Mrs. Hilie Stone, filed her petition against the city of Winfield and the Union Street Railway Company, as defendants, to recover $5,000 damages for personal injuries. The petition alleged that while she was driving along Ninth avenue in said city, on the 24th day of May 1888, she received the injuries complained of, by reason of the alleged negligent manner in which the street railway was constructed over and along Ninth avenue, and by which it was a dangerous obstruction to travel along the avenue; and that the…
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
1- prt«ion,nwhen good — wW Upon the trial, the railway company and the city of Winfield objected to the introduction of any evidence under the petition, upon the ground that it failed to state a cause of action against the defendants, or either of them. No demurrer was filed to the petition, nor was any motion presented to have it made more definite or certain. In the absence of a demurrer and motion, the allegations of a petition will be construed liberally, and, unless there is a total omission to allege some material pae(. wpic}1 jg…
2Cases cited9 opinions
- Jansen v. City of AtchisonSupreme Court of Kansas · 1876
- Laithe v. McDonaldSupreme Court of Kansas · 1871
- City of Salina v. TrosperSupreme Court of Kansas · 1882
- City of Topeka v. SherwoodSupreme Court of Kansas · 1888
- City of Wellington v. GregsonSupreme Court of Kansas · 1883
4 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- Rowell v. City of WichitaSupreme Court of Kansas · 1947
- Applegate v. Home Oil Co.Supreme Court of Kansas · 1958
- Biby v. City of WichitaSupreme Court of Kansas · 1940
- Cook v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Wisconsin Supreme Court · 1898
- Pinson v. YoungSupreme Court of Kansas · 1917
27 more not listed; retrieve them via the Exa API.