Atchison, Topeka & Santa Fe Railroad v. Rowan
Supreme Court of Kansas
Error from Sedgwick Court of Common Pleas. ActioN brought by Anna Roivan against The Atchison, Topeka & Santa Fe Railroad Company on account of the death of her husband, who was killed while in the discharge of his duties as a brakeman of a freight-train of the railroad company.
Read the full summary
Error from Sedgwick Court of Common Pleas. ActioN brought by Anna Roivan against The Atchison, Topeka & Santa Fe Railroad Company on account of the death of her husband, who was killed while in the discharge of his duties as a brakeman of a freight-train of the railroad company. It was alleged that his death resulted from the negligence of the company in constructing and maintaining a low bridge ; that there was insufficient space between the top of the cars and the overhead timbers of the bridge, and that, while he was attending to his duties upon the top of a car, he came in contact with…
1Opinion of the Court
The opinion of the court was delivered by
■JohNstoN, J.:
William H. Rowan came to his death on August 24, 1889, while discharging his duties as a *280brakeman on a freight-train of the railroad company. It is conceded that he was knocked from the top of a freight-car by the overhead timbers of a railroad bridge located near Peabody, and that his death resulted* almost instantly from the collision. He entered the service of the company in October, 1887, and continued in that service as brakeman or extra conductor the greater part of the time until his death. For more than a year before he was killed…
2Cases cited4 opinions
- Dewald v. Kansas City, Fort Scott & Gulf RailroadSupreme Court of Kansas · 1890
- St. Louis, Fort Scott & Wichita Railroad v. IrwinSupreme Court of Kansas · 1887
- City of Osage City v. BrownSupreme Court of Kansas · 1882
- Stirk v. Central Railroad & Banking Co.Supreme Court of Georgia · 1888
3Cited by12 opinions
- Southern Kansas Railway Co. v. MichaelsSupreme Court of Kansas · 1896
- Missouri, Kansas & Texas Railway Co. v. QuinlanSupreme Court of Kansas · 1908
- Branner v. NicholsSupreme Court of Kansas · 1900
- State v. SweeneySupreme Court of Kansas · 1907
- Pauly v. McCarthyUtah Supreme Court · 1946
7 more not listed; retrieve them via the Exa API.