Legal Opinion

Campbell v. Kansas City, Fort Scott & Memphis Railroad

Supreme Court of Kansas

Decided July 15, 1895PublishedCited by 14 opinions

Error from Johnson District Court. ActioN by James M. Campbell, as administrator of the estate of David G. Campbell, deceased, against The Kansas City, Fort Scott & Memphis Railroad Company to recover damages for the death of plaintiff’s intestate. The court sustained a demurrer to plaintiff’s evidence, and he brings the case here. All the material facts are stated in the opinion, filed July 6, 1895.

1Opinion of the Court

The opinion of the court was delivered by

JohnstoN, J. :

James M. Campbell, as administrator of the estate of David G. Campbell, deceased, brought this action to recover damages for the death of David G. Campbell, alleged to have resulted from the gross negligence of the railroad company. In the petition it .was averred that on November 11, 1890, in the daytime, David G. Campbell was walking upon the railroad-track of the company, near the .village of Merriam, but not at or upon any railroad-crossing, and that while so walking, a passenger-train approached on the same track, and going in the…

2Cases cited5 opinions

  1. High v. Carolina Central RailroadSupreme Court of North Carolina · 1893
  2. Kansas Pacific Railway Co. v. Whipple ex rel. WhippleSupreme Court of Kansas · 1888
  3. Reardon v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1893
  4. Johnson v. TruesdaleSupreme Court of Minnesota · 1891
  5. Finlayson v. Chicago, B. & Q. R.U.S. Circuit Court for the District of Iowa · 1871

3Cited by14 opinions

  1. Emmons v. Southern Pac. Co.Oregon Supreme Court · 1920
  2. Stout v. GallemoreSupreme Court of Kansas · 1933
  3. Jacobs v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1916
  4. Anderson v. Great Northern Railway Co.Idaho Supreme Court · 1908
  5. Everett v. Los Angeles Consolidated Electric Railway Co.California Supreme Court · 1896

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