Atchison, Topeka & Santa Fé Railroad v. Smith ex rel. Smith
Supreme Court of Kansas
Error from, Osage District Court. Action brought by James Smith, an infant, by his next friend, William Smith, against the Railroad Company, to recover damages for personal injuries. Trial at the October Term, 1881, of the district court, and verdict for the plaintiff for $5,000 damages. New. trial refused, and judgment on the verdict for the plaintiff. The defendant brings the case to this court. The facts appear in Smith v. A. T. & S. F. Rid.
Read the full summary
Error from, Osage District Court. Action brought by James Smith, an infant, by his next friend, William Smith, against the Railroad Company, to recover damages for personal injuries. Trial at the October Term, 1881, of the district court, and verdict for the plaintiff for $5,000 damages. New. trial refused, and judgment on the verdict for the plaintiff. The defendant brings the case to this court. The facts appear in Smith v. A. T. & S. F. Rid. Co., 25 Kas. 738, et seq., and in the opinion, infra. 1. There is manifest error in the instructions given by the court in relation to the questions…
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
This was an action brought by James Smith, an infant, by his next friend, William Smith, against the Atchison, Topeka & Santa Fé railroad company, for damages alleged to have been caused by the negligence of the railroad company. The action was tried before the court and a jury, and judgment was rendered in favor of the plaintiff and -against the defendant for the sum of $5,000 and costs. The defendant, as plaintiff in error, now'brings the case to this court, and asks for a reversal of such judgment. .
With regard to many of the facts of…
2Cases cited11 opinions
- Kansas Central Railway Co. v. FitzsimmonsSupreme Court of Kansas · 1879
- Lafayette & Indianapolis Railroad v. HuffmanIndiana Supreme Court · 1867
- Central Branch Union Pacific Rld. v. HenighSupreme Court of Kansas · 1880
- Chicago, Burlington & Quincy Railroad v. PayneIllinois Supreme Court · 1871
- Central Branch Union Pacific Railroad v. HothamSupreme Court of Kansas · 1879
6 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Atlanta & Charlotte Air-Line Rwy. Co. v. GravittSupreme Court of Georgia · 1894
- Cleveland, Cincinnati, Chicago & St. Louis Railway Co. v. MeansIndiana Court of Appeals · 1914
- Chicago, Burlington & Quincy Railroad v. GrablinNebraska Supreme Court · 1893
- Palmer v. Oregon Short Line R.Utah Supreme Court · 1908
- Chicago G. W. Ry. Co. v. KowalskiCourt of Appeals for the Eighth Circuit · 1899
3 more not listed; retrieve them via the Exa API.