McDermott v. Atchison, Topeka & Santa Fe Railroad
Supreme Court of Kansas
Error from Lyon District Court. The plaintiff in error brought this action as the widow of Charles McDermott, deceased, alleging that lie was employed as a brakeman by the defendant company, and that he was killed on the 22d of July, 1890, through the negligence of the defendant’s servants.
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Error from Lyon District Court. The plaintiff in error brought this action as the widow of Charles McDermott, deceased, alleging that lie was employed as a brakeman by the defendant company, and that he was killed on the 22d of July, 1890, through the negligence of the defendant’s servants. It is alleged that the deceased had been employed as brakeman for about two weeks, and that prior to that time he had had no experience as a brakeman and knew nothing about the dangers incident to such employment, and especially the dangers connected with making a flying or drop switch. It is alleged that…
1Opinion of the Court
The opinion of the court was delivered by
Allen, J. :
The only negligence relied on by the plaintiff for a recovery is that of the engineer in running at an unusual, unnecessary and dangerous,rate of speed. It is not claimed that the conductor was negligent in attempting to make a flying switch at a place where it was necessary to cross another rail*323road. Much stress is put on the fact of McDermott’s inexperience and want of knowledge of the dangers attending the performance of the particular duty-devolving on him in making a flying switch, and on the fact that the officer who employed him knew…
2Cited by5 opinions
- Louisville & N. R. v. MillerCourt of Appeals for the Sixth Circuit · 1900
- St. Louis & San Francisco Railway Co. v. FrenchSupreme Court of Kansas · 1896
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. WolfIndiana Supreme Court · 1920
- Beauchamp v. Michigan Central RailroadMichigan Supreme Court · 1925
- McNamara v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1934