St. Louis & San Francisco Railroad v. Chaney
Supreme Court of Kansas
Error from Bourbon district court; Walter L. Simons, judge. STATEMENT. The uncontroverted facts in this case are that on the 3d day of May, 1905, Chaney was in the employ of the. railroad company, and while assisting to turn an engine and tender upon a turntable, which was within the line of his duty, a lump of coal, quite large, fell from the tender several feet and struck him upon the head, inflicting, at least, a scalp wound three or four inches long; that after the blood…
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Error from Bourbon district court; Walter L. Simons, judge. STATEMENT. The uncontroverted facts in this case are that on the 3d day of May, 1905, Chaney was in the employ of the. railroad company, and while assisting to turn an engine and tender upon a turntable, which was within the line of his duty, a lump of coal, quite large, fell from the tender several feet and struck him upon the head, inflicting, at least, a scalp wound three or four inches long; that after the blood had been washed from his head and face he walked to the office of the company’s surgeon and had the wound dressed.…
1Opinion of the Court
The opinion of the court was delivered by
Smith, J.:
The principal question presented, and the only one we deem necessary to discuss, is whether certain evidence introduced on the part of Chaney was properly admitted over the objection of the railroad company. William Webb, called as a witness for the plaintiff, testified in full as follows:
“Ques. Are you. acquainted with John Chaney, the plaintiff? Ans. Yes, sir.
*278“Q. Did he at any time after his injury make any statement to you as to present existing pain in his head or ear? A. Yes, sir.
“Q. When? [Defendant objects: incompetent, has no bearing…
2Cases cited1 opinion
- Atchison, Topeka & Santa Fé Railroad v. JohnsSupreme Court of Kansas · 1887
3Cited by1 opinion
- Sly v. PowellSupreme Court of Kansas · 1912