St. Louis & San Francisco Railway Co. v. Toomey
Court of Appeals of Kansas
Error from Crawford District Court. Hon. J. S. West, Judge. Miles Toomey, plaintiff below, filed Ms petition in the District Court of Crawford County, alleging in substance that he was employed by defendant — plaintiff in error — as a switchman, to work at night; that on November 19, 1890, in the nighttime, at a point on the main line of defendant’s road, about one mile east of the city of Litchfield, and while riding on what is commonly known as the foot-board of a switch…
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Error from Crawford District Court. Hon. J. S. West, Judge. Miles Toomey, plaintiff below, filed Ms petition in the District Court of Crawford County, alleging in substance that he was employed by defendant — plaintiff in error — as a switchman, to work at night; that on November 19, 1890, in the nighttime, at a point on the main line of defendant’s road, about one mile east of the city of Litchfield, and while riding on what is commonly known as the foot-board of a switch engine and tender, he was injured. “Plaintiff further avers that the foot-board of said engine was defective in this :…
1Opinion of the CourtSchoonover, J.
I. The plaintiff in error contends that the trial court erred in overruling the demurrer to the evidence. Our Supreme Court, in the case of Brown, Adm’r, v. A. T. & S. F. Rld. Co. (81 Kan. 1), has said :
1. Demurrer to propeiiy6 overruled. “ Where the defendant in a case which is being tried by a jury, files a demurrer to the plaintiff’s evidence, on the ground that the evidence does not prove any cause of action, held, that unless the plaintiff has utterly failed by all his evidence to prove his case, or some material fact in issue in the case, the demurrer should be overruled.
“ Where the…
2Cases cited2 opinions
- Pleasants v. FantSupreme Court of the United States · 1875
- Vaughan v. BrownSupreme Court of Kansas · 1909
3Cited by3 opinions
- Huber v. MillerOregon Supreme Court · 1902
- Hawley v. Sumpter Railway Co.Oregon Supreme Court · 1907
- Missouri, Kansas & Texas Railway Co. v. YoungCourt of Appeals of Kansas · 1899