Atchison Topeka & Santa Fé Railroad v. Hague
Supreme Court of Kansas
Error from Johnson Eistriot Court. Action by Hague against the Railroad Company to recover damages for bodily injuries. Judgment for plaintiff for $300. The defendant comes to this court. The opinion herein, filed November 10, 1894, states the material facts. 1. The court erred in permitting testimony to the effect that on the special train no whistle was sounded at another crossing than the one at which the injury occurred.
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Error from Johnson Eistriot Court. Action by Hague against the Railroad Company to recover damages for bodily injuries. Judgment for plaintiff for $300. The defendant comes to this court. The opinion herein, filed November 10, 1894, states the material facts. 1. The court erred in permitting testimony to the effect that on the special train no whistle was sounded at another crossing than the one at which the injury occurred. It was wholly immaterial in this case whether any whistle was sounded at this second crossing or not. The accident did not occur there. The negligence of the defendant is…
1Opinion of the Court
The opinion of the court was delivered by
Johnston, J.:
W. J. Hague brought this action against the Atchison, Topeka & Santa Fé Railroad Company to re-, cover damages for injury to his person and property by reason of an accident occurring at a railroad crossing. The crossing is over a country road, about half a mile west of De Soto. The railroad lies between the river and a bluff, and the road or highway runs along the top of the bluff, parallel with the railroad, for a considerable distance, and when about half a mile away from the village it turns north, and crosses the railroad track,…
2Cases cited2 opinions
- Kansas City, Fort Scott & Gulf Railroad v. LaneSupreme Court of Kansas · 1885
- Bower v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1884
3Cited by37 opinions
- Jacobs v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1916
- Denton v. Missouri, Kansas & Texas Railway Co.Supreme Court of Kansas · 1913
- Kinyon v. Chicago & Northwestern Railway Co.Supreme Court of Iowa · 1902
- Steele v. Northern Pacific Railway Co.Washington Supreme Court · 1899
- Hartman v. Chicago Great Western Railway Co.Supreme Court of Iowa · 1906
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