Chicago, Burlington & Quincy Railway Co. v. Laughlin
Supreme Court of Kansas
Error from Cloud district court; Hugh Alexander, judge. STATEMENT. Ralph Laughlin, an infant, was injured December 6, 1902, by being run over by a freight-car, part of a train consisting of an engine and two box cars backing east on the tracks of defendant company in its railway yards near the station at Concordia. His left leg was \/ cut off between the knee and ankle.
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Error from Cloud district court; Hugh Alexander, judge. STATEMENT. Ralph Laughlin, an infant, was injured December 6, 1902, by being run over by a freight-car, part of a train consisting of an engine and two box cars backing east on the tracks of defendant company in its railway yards near the station at Concordia. His left leg was \/ cut off between the knee and ankle. He brought this action by his next friend and recovered a judgment of $1999, from which the railway company brings this proceeding in error. At the time of the accident he was thirteen years and ■ two months old, and had been…
1Opinion of the Court
The opinion of the court was delivered by
Porter, J.:
The only negligence of which the jury found the company guilty was the failure to have a lookout on the, rear of the train to warn persons of its*"“ approach. It is urged that the findings and evidence conclusively establish that this negligence could not have been the proximate cause of the accident because it appears that the boy saw the cars approaching all the time and had sufficient warning. However, conceding that the railway company was negligent, the findings of fact clearly establish that plaintiff’s contribu- ^ tory negligence was…
2Cases cited8 opinions
- Atchison Topeka & Santa Fé Railroad v. PlunkettSupreme Court of Kansas · 1881
- Central Branch Union Pacific Rld. v. HenighSupreme Court of Kansas · 1880
- Wilson v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1903
- Atchison, Topeka & Santa Fé Railroad v. ToddSupreme Court of Kansas · 1895
- Atchison, Topeka & Santa Fé Railroad v. Plaskett ex rel. PlaskettSupreme Court of Kansas · 1891
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Koster v. MatsonSupreme Court of Kansas · 1934
- Eldredge v. SargentSupreme Court of Kansas · 1939
- Harrison v. Travelers Mutual Casualty Co.Supreme Court of Kansas · 1943
- Fisher v. Wichita Transportation Corp.Supreme Court of Kansas · 1943
- McMichael v. CrawfordSupreme Court of Kansas · 1919
1 more not listed; retrieve them via the Exa API.