Legal Opinion

Leavenworth, Lawrence & Galveston Railroad v. Rice

Supreme Court of Kansas

Decided July 15, 1872PublishedCited by 33 opinions

Error from Anderson District Court. Action brought by Emma A. Rice to recover damages for personal injuries alleged to have been sustained by reason of the carelessness and negligence of the servants and agents of the Railroad Compaovy. The principal questions were as to the care and vigilance required by the respective parties, and degree of negligence, if any, of which they were guilty. The case was tried at the December Term 1871 of the district court.

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Error from Anderson District Court. Action brought by Emma A. Rice to recover damages for personal injuries alleged to have been sustained by reason of the carelessness and negligence of the servants and agents of the Railroad Compaovy. The principal questions were as to the care and vigilance required by the respective parties, and degree of negligence, if any, of which they were guilty. The case was tried at the December Term 1871 of the district court. The 6th paragraph of the general charge is copied in full in the opinion. The 4th, 7th, and 8th are as follows: “4th. The jury are…

1Opinion of the Court

The opinion of the court was delivered by

Kingman, C. J.:

On the 22d of May 1871, the plaintiff in error ran a special excursion train over its road, southward, through the city of Garnett. On Third street in that city, near where that street crosses the railroad, tlie defendant in error was riding in a buggy drawn by two horses. The horses were frightened by the train, and in their fright turned around, and tipped out the driver and the defendant in error, whereby she was severely injured. For these injuries she brought an action, alleging negligence on the part of those having charge of the…

2Cases cited2 opinions

  1. Wiley v. KeokukSupreme Court of Kansas · 1870
  2. Malone v. MurphySupreme Court of Kansas · 1864

3Cited by33 opinions

  1. Jacobs v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1916
  2. Judson v. . Central Vermont R.R. Co.New York Court of Appeals · 1899
  3. Dewald v. Kansas City, Fort Scott & Gulf RailroadSupreme Court of Kansas · 1890
  4. Wheeler & Wilson Manufacturing Co. v. BoyceSupreme Court of Kansas · 1887
  5. Briggs v. EgganSupreme Court of Kansas · 1877

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