Legal Opinion

Kansas City, Fort Scott & Memphis Railroad v. Little

Supreme Court of Kansas

Decided March 7, 1903No. 12,977PublishedCited by 10 opinions

Error from Johnson district court; John T. Burris, judge. STATEMENT. Defendant in error, desiring to go from Olathe to Hillsdale, a station about twenty miles south, on the railroad of plaintiff in error, inquired of the ticket agent in charge of the station at Olathe at what time he could obtain a train, and was told that there would be a freight-train leaving that point at 6:35 p. m.

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Error from Johnson district court; John T. Burris, judge. STATEMENT. Defendant in error, desiring to go from Olathe to Hillsdale, a station about twenty miles south, on the railroad of plaintiff in error, inquired of the ticket agent in charge of the station at Olathe at what time he could obtain a train, and was told that there would be a freight-train leaving that point at 6:35 p. m. This was train No. 27. Soon after six o’clock he went to the ticket office at Olathe, purchased his ticket, and, as a train pulled into the station, the agent said to Mr. Little : “The train is now coming.” He…

1Opinion of the Court

The opinion of the court was delivered by

Cunningham, J. :

It is claimed that the railroad company is not liable for any sum whatever, because the plaintiff was riding on a train which, under the rules of the company, was not permitted to stop at Hillsdale, or even carry passengers at all, and that the conductor was required to obey the regulations of the company in running its trains ; that the company has the right to make reasonable rules for the running of its trains and the carrying of passengers; that it is not bound to carry passengers on all trains or to stop at all stations, and that…

2Cases cited3 opinions

  1. Atchison, Topeka & Santa Fé Railroad v. GantsSupreme Court of Kansas · 1888
  2. Cady v. CaseSupreme Court of Kansas · 1891
  3. Southern Kansas Railway Co. v. RiceSupreme Court of Kansas · 1888

3Cited by10 opinions

  1. Watkins v. LaytonSupreme Court of Kansas · 1958
  2. Forrester v. Southern Pacific Co.Nevada Supreme Court · 1913
  3. Lonergan v. William Small & Co.Supreme Court of Kansas · 1909
  4. Southern Pacific Co. v. BoyceArizona Supreme Court · 1924
  5. Cheesman v. FeltSupreme Court of Kansas · 1914

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