Bowers v. Atchison, Topeka & Santa Fe Railway Co.
Supreme Court of Kansas
Appeal from Sumner district court; Carroll L. .Swarts, judge. STATEMENT. The appellee recovered a judgment against the railway company for injuries received at Harper, while in the employ of the company as a brakeman. From his ■evidence it appears that a freight train on which he was a brakeman ran between Medford and Hutchinson ■on a branch of the railway.. At Harper this branch was connected by a “Y” with the Panhandle division, ■extending west from Wellington.
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Appeal from Sumner district court; Carroll L. .Swarts, judge. STATEMENT. The appellee recovered a judgment against the railway company for injuries received at Harper, while in the employ of the company as a brakeman. From his ■evidence it appears that a freight train on which he was a brakeman ran between Medford and Hutchinson ■on a branch of the railway.. At Harper this branch was connected by a “Y” with the Panhandle division, ■extending west from Wellington. When the plaintiff’s train reached Harper it ran over the “Y” to the line of the Panhandle division and stopped in front of the…
1Opinion of the Court
The opinion of the court was delivered by
Benson, J.:
The errors assigned relate to the admission of testimony, the instructions given and refused, the inconsistency of the findings, and the sufficiency of the evidence.
After describing the situation, and stating that the section of the train then moving forward had proceeded far enough to leave a space of ten or twelve feet upon the crossing between the front of’the standing cars and the rear end of the last car moving to the east, the plaintiff was allowed to testify that he had satisfied himself that the section in front was moving off the…
2Cases cited2 opinions
- Shaw v. Railroad Co.Supreme Court of the United States · 1880
- Gardom v. WoodwardSupreme Court of Kansas · 1890
3Cited by7 opinions
- Burk v. Montana Power Co.Montana Supreme Court · 1927
- Hoult v. RichSupreme Court of Kansas · 1946
- John Deere Plow Co. v. KlaurensSupreme Court of Kansas · 1941
- Baker v. Missouri, Kansas & Texas Railway Co.Supreme Court of Kansas · 1911
- State v. CalongneSupreme Court of Kansas · 1922
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