Legal Opinion

St. Louis & San Francisco Railway Co. v. French

Supreme Court of Kansas

Decided March 7, 1896No. 8210PublishedCited by 17 opinions

Error from Crawford District Court. Frank French, a brakeman on the line of railway of the plaintiff in error, was killed at Severy,. in Greenwood county, December 21, 1888, while engaged in putting two empty cars into a freight train on which he was running from Wichita to Neodesha. The road of the plaintiff in error runs east and west through Severy, and the Atchison, Topeka & Santa Fe railroad crosses it, running north and south.

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Error from Crawford District Court. Frank French, a brakeman on the line of railway of the plaintiff in error, was killed at Severy,. in Greenwood county, December 21, 1888, while engaged in putting two empty cars into a freight train on which he was running from Wichita to Neodesha. The road of the plaintiff in error runs east and west through Severy, and the Atchison, Topeka & Santa Fe railroad crosses it, running north and south. Two Y's, one east and one west of the crossing, extend northerly from the road of the plaintiff in error, connecting it with the Atchison, Topeka & Santa Fe…

1Opinion of the Court

*588The opinion of the court was delivered by

Martin, C. J.: I. The petition was good as against a demurrer, but the charge of negligence was vague and general, and the motion to make more definite and certain ought to have been sustained. (Civil Code, § 119 ; H. & St. J. Rld. Co. v. Fox, 31 Kan. 586, 590 ; Mo. Pac. Rly. Co. v. Merrill, 40 id. 404, 406 ; A. T. & S. F. Rld. Co. v. O’Neill, 49 id. 367, 385.) We think, however, that the error was not prejudicial to the defendant below, for the following reasons : The casualty occurred at midday, in the presence of several persons, and his fellow…

2Cases cited3 opinions

  1. Laithe v. McDonaldSupreme Court of Kansas · 1871
  2. Hannibal & St. Joseph Railroad v. FoxSupreme Court of Kansas · 1884
  3. McDermott v. Atchison, Topeka & Santa Fe RailroadSupreme Court of Kansas · 1896

3Cited by17 opinions

  1. Hamilton v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1915
  2. Kuchler v. WeaverSupreme Court of Oklahoma · 1909
  3. Florida Central & Peninsular Railroad v. MooneySupreme Court of Florida · 1898
  4. Kinderknecht v. HensleySupreme Court of Kansas · 1945
  5. City of Chickasha v. LooneySupreme Court of Oklahoma · 1912

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