Union Pacific Railroad v. Entsminger
Supreme Court of Kansas
Error from Shawnee district court; Alston W. Dana, judge. STATEMENT. This was an action to recover damages for the killing of four head of cattle at a highway crossing by the defendant company.
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Error from Shawnee district court; Alston W. Dana, judge. STATEMENT. This was an action to recover damages for the killing of four head of cattle at a highway crossing by the defendant company. The jury returned special findings, from which it appears that no whistle was blown within eighty rods of the crossing; that when the plaintiff heard the train it was within sixty-five rods of the crossing and running at the rate of thirty miles per hour; that if,the whistle had been sounded for the crossing, and the train had been running at “a reasonably safe speed for that place,” the plaintiff…
1Opinion of the Court
The opinion of the court was delivered by
Benson, J.:
The negligence of the defendant company in failing to sound the whistle on approaching the crossing was found by the jury. The only matter that we deem it necessary to comment upon is the alleged contributory negligence of the plaintiff in failing to look for an approaching train. After he left his field, and while driving his herd east along the road parallel to the track, he stopped and looked and listened several times; and when he reached the point 400 feet west of the crossing he diligently looked along the track. From that point to the…
2Cases cited6 opinions
- Union Pacific Railway Co. v. AdamsSupreme Court of Kansas · 1885
- Atchison, Topeka & Santa Fe Railroad v. HollandSupreme Court of Kansas · 1899
- Young v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Kansas · 1896
- Atchison, Topeka & Santa Fe Railroad v. WilleySupreme Court of Kansas · 1897
- Bressler v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Kansas · 1906
1 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Jacobs v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1916
- Adams v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1914
- Horton v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1946
- Brim v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1932
- Johnson v. Chicago, Rock Island & Pacific RailroadSupreme Court of Kansas · 1909
6 more not listed; retrieve them via the Exa API.