Legal Opinion

Atchison, Topeka & Santa Fé Railroad v. Zeiler

Supreme Court of Kansas

Decided July 15, 1894PublishedCited by 12 opinions

Error from Barber District Court. The amended petition in this case shows, in substance, that the plaintiff is the widow of Jeremiah H. Zeiler, deceased, who was employed as a brakeman by the Atchison, Topeka & Santa Fé Railroad Company ; that on the 7th day of April, 1889, he was injured at Woodward, in the Indian Territory, by having his right leg and foot run over and crushed; that the defendant, in connection with its railroad, maintained a hospital system, and had in…

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Error from Barber District Court. The amended petition in this case shows, in substance, that the plaintiff is the widow of Jeremiah H. Zeiler, deceased, who was employed as a brakeman by the Atchison, Topeka & Santa Fé Railroad Company ; that on the 7th day of April, 1889, he was injured at Woodward, in the Indian Territory, by having his right leg and foot run over and crushed; that the defendant, in connection with its railroad, maintained a hospital system, and had in its employ physicians and surgeons located in the cities along the line of its railroad; that in order to maintain such…

1Opinion of the Court

The opinion of the court was delivered by

Allen, J.:

In this case we are called upon to decide whether, under the pleadings, the special findings of the jury, and the conceded facts of the case, there can be a recovery against the railway company. Jeremiah H. Zeiler, while attempting to uncouple freight cars at Woodward, I. T., fell, and the wheels of the car ran over his ankle, crushed it, and almost severed the foot. Woodward was- a station with a kind of eating house, but no physician or drug store, and no good accommodations for taking care of a person in Zeiler’s condition. The accident…

2Cases cited3 opinions

  1. Laubheim v. De Koninglyke Nederlandsche Stoomboot MaatschappyNew York Court of Appeals · 1887
  2. Atchison, Topeka & Santa Fé Railroad v. WeberSupreme Court of Kansas · 1885
  3. O'Brien v. Cunard Steamship Co.Massachusetts Supreme Judicial Court · 1891

3Cited by12 opinions

  1. Brown v. La Société Française De Bienfaisance MutuelleCalifornia Supreme Court · 1903
  2. Barden v. . R. R.Supreme Court of North Carolina · 1910
  3. Haggerty v. St. Louis, Keokuk & Northwestern RailroadMissouri Court of Appeals · 1903
  4. Nicholson v. Atchison, Topeka & Santa Fe Hospital Ass'nSupreme Court of Kansas · 1916
  5. Stanley's Administrator v. Duvin Coal Co.Court of Appeals of Kentucky (pre-1976) · 1931

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