Atchison, Topeka & Santa Fe Railroad v. Carruthers
Supreme Court of Kansas
Error from Johnson District Court. On October 28, 1890, the defendant in error was in the service of the plaintiff in error as head brakeman on a freight-train on its line of railroad between Kansas City, Mo., and Fort Madison, Iowa.
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Error from Johnson District Court. On October 28, 1890, the defendant in error was in the service of the plaintiff in error as head brakeman on a freight-train on its line of railroad between Kansas City, Mo., and Fort Madison, Iowa. Late in the afternoon of said day a freight-train was made up in the yards at Marceline, Mo., to be taken out by Lee Burgess as conductor, Carruthers as head brakeman, and a rear brakeman, and Carruthers was directed by J. C. Hutchinson, acting yardmaster, and Lee Burgess, conductor, to -have the engine brought out and coupled to the train, and told that there…
1Opinion of the Court
*312The opinion of the court was delivered by, Martin, C. J.: I. The court instructed the jury that the conductor, engineer, yardmaster, acting yardmaster, yardmen and yard switchmen were all coemployees of the plaintiff, and that if they believed from the evidence that the inj ury complained of was caused by the negligence or want of ordinary care of any of the coemployees of the plaintiff, then it was their duty to find in favor of the defendant. Yet, in answer to a particular question of fact, the jury stated that the misinformation, orders and instructions respectively given by the conductor…
2Cases cited2 opinions
- Moore v. Wabash, St. Louis & Pacific Railway Co.Supreme Court of Missouri · 1885
- Reagan v. St. Louis, Keokuk & Northwestern Railway Co.Supreme Court of Missouri · 1887
3Cited by8 opinions
- Fritz v. Salt Lake & Ogden Gas & Electric Light Co.Utah Supreme Court · 1899
- Seaverns v. StateSupreme Court of Kansas · 1907
- Jackson v. Wheeling Terminal Ry. Co.West Virginia Supreme Court · 1909
- Zebrowski v. Warner Sugar Refining Co.Supreme Court of New Jersey · 1912
- Gaska v. American Car & Foundry Co.Missouri Court of Appeals · 1907
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