St. Louis & San Francisco Railroad v. Morris
Supreme Court of Kansas
Error from Sedgwick district court; Thomas C. Wilson, judge. STATEMENT. The plaintiff, H. J. Morris, suffered personal injuries causing the loss of his leg below the knee. The action was for damages for the injury.
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Error from Sedgwick district court; Thomas C. Wilson, judge. STATEMENT. The plaintiff, H. J. Morris, suffered personal injuries causing the loss of his leg below the knee. The action was for damages for the injury. He alleged negligence on the part of the defendant, as follows: “In failing to provide suitable handholds 'and brakes, couplers and apparatus on the car which he was directed to stop, . . . and in carelessly handling said cars, and in carelessly sending this plaintiff to a place of danger and requiring him to act in an emergency, without warning and without taking proper precaution…
1Opinion of the Court
The opinion of the court was delivered by
Benson, J.:
The first error specified by the defendant company is in refusing the instruction requested •and previously quoted. The instruction, if given, would have limitéd the province of the jury in determining the question of negligence to a situation where the company would be bound to anticipate just such an accident, occurring in the precise manner that this occurred. This rule, if adopted, would unduly restrict the functions of a jury. It may be conceded that the -defect, in order to be the basis of an action, should be such that injuries…
2Cases cited11 opinions
- Settle v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1895
- Mason v. Richmond & Danville RailroadSupreme Court of North Carolina · 1892
- Brinkmeier v. Missouri Pacific Railway Co.Supreme Court of Kansas · 1904
- Hannah v. Connecticut River RailroadMassachusetts Supreme Judicial Court · 1891
- Missouri Pacific Railway Co. v. BarberSupreme Court of Kansas · 1890
6 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Schoof v. ByrdSupreme Court of Kansas · 1966
- Rambo v. Empire District Electric Co.Supreme Court of Kansas · 1913
- Earl v. Oklahoma City-Ada-Atoka Ry. Co.Supreme Court of Oklahoma · 1940
- Rush v. BrownSupreme Court of Kansas · 1941
- Spear v. City of WichitaSupreme Court of Kansas · 1923
14 more not listed; retrieve them via the Exa API.