Chicago, Rock Island & Pacific Railway Co. v. Brandon
Supreme Court of Kansas
Error from Jewell district court; Richard M. Pickler, judge. STATEMENT. This was an action brought by J. M. Brandon against the railway company to recover damages for injuries received by him while a passenger on one of the railway company’s cars and caused by a derailment of a portion of the train. The car in which Brandon was riding left the rails and ran for about 700 feet upon the ties.
Read the full summary
Error from Jewell district court; Richard M. Pickler, judge. STATEMENT. This was an action brought by J. M. Brandon against the railway company to recover damages for injuries received by him while a passenger on one of the railway company’s cars and caused by a derailment of a portion of the train. The car in which Brandon was riding left the rails and ran for about 700 feet upon the ties. The plaintiff claimed that he received injuries to his spine, hip, and chest, ánd was otherwise injured. The defendant contended that it was not guilty of any negligence, and therefore was not liable for…
1Opinion of the Court
The opinion of the court was delivered by
Benson, J.:
There was no error in refusing to direct a verdict for the defendant. The plaintiff having shown the derailment of the train in which he was riding as a passenger, and injuries resulting to himself therefrom, made a prima facie case, and the burden was thrown upon the defendant to show that the injuries did not result from a want of care on its part. (S. K. Rly. Co. v. Walsh, 45 Kan. 653, 26 Pac. 45; A. T. & S. F. Rld. Co. v. Elder, 57 Kan. 312, 46 Pac. 310; Railroad Co. v. Burrows, 62 Kan. 89, 61 Pac. 439.) Whether this prima facie case was…
2Cases cited16 opinions
- Indianapolis & St. Louis Railroad v. HorstSupreme Court of the United States · 1876
- Union Pacific Railway Co. v. HandSupreme Court of Kansas · 1871
- Atchison, Topeka & Santa Fe Railway Co. v. GeiserSupreme Court of Kansas · 1904
- Topeka City Railway Co. v. HiggsSupreme Court of Kansas · 1888
- Atchison, Topeka & Santa Fe Railroad v. AderholdSupreme Court of Kansas · 1897
11 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Yard v. GibbonsSupreme Court of Kansas · 1915
- Murphy v. Ludowici Gas & Oil Co.Supreme Court of Kansas · 1915
- Woods v. Kansas City, Kaw Valley & Western RailroadSupreme Court of Kansas · 1932
- Carpenter v. Village of DickeyNorth Dakota Supreme Court · 1913
- McQuin v. Santa Fe Trail Transportation Co.Supreme Court of Kansas · 1942
8 more not listed; retrieve them via the Exa API.