Atchison, Topeka & Santa Fe Railway Co. v. Conlon
Court of Appeals of Kansas
Error from Atchison district court; W. T. Bland, judge. STATEMENT. James Conlon sought to recover from the railway company the value of certain cows killed by a train upon the railway-track. He alleged that the railway company was negligent in the management of its train, and that the injury was the result of such negligence.
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Error from Atchison district court; W. T. Bland, judge. STATEMENT. James Conlon sought to recover from the railway company the value of certain cows killed by a train upon the railway-track. He alleged that the railway company was negligent in the management of its train, and that the injury was the result of such negligence. The cattle were killed upon a private crossing on the farm of Conlon, over which he had been accustomed to drive his cattle and teams for a period of over twenty years. The crossing had been constructed for him at the time of the construction of the railway and had been…
1Opinion of the Court
The opinion of the court was delivered by
Mahan, P. J.:
It is not contended by counsel for the company that its engineer might not have discovered the cattle by the exercise of reasonable dili*118gence in time to have avoided the injury to them, but it is contended that the attitude of Conlon with his cattle upon the track was that of a trespasser, and that the company owed him no duty to look out for him or his cattle, and, therefore, failing to discover them and failing to use ordinary diligence in that regard was not negligence on the part of the company. It is further contended that the…
2Cases cited9 opinions
- Delaware, Lackawanna & Western Railroad v. ConverseSupreme Court of the United States · 1891
- Kansas Central Railway Co. v. AllenSupreme Court of Kansas · 1879
- Hoffman v. John Hancock Mutual Life InsuranceSupreme Court of the United States · 1876
- Leavenworth, Lawrence & Galveston Railroad v. RiceSupreme Court of Kansas · 1872
- Atchison, Topeka & Santa Fe Railroad v. HollandSupreme Court of Kansas · 1899
4 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Creten v. Chicago, Rock Island & Pacific RailroadSupreme Court of Kansas · 1959
- Illinois Cent. R. Co. v. WhiteMississippi Supreme Court · 1992
- Strauss v. Missouri Pacific Rld. Co.Supreme Court of Kansas · 1953
- Cornett v. Chicago, Burlington & Quincy RailroadMissouri Court of Appeals · 1914
- Creten v. Chicago, Rock Island & Pacific RailroadSupreme Court of Kansas · 1959
1 more not listed; retrieve them via the Exa API.