Smith ex rel. Smith v. Atchison, Topeka & Santa Fé Railroad
Supreme Court of Kansas
Error from Osage District Court. ACTION for damages for personal injuries, brought by James Smith, an infant, by his next friend, William Smith, against the Railroad Company. Trial at the April Term, 1879, of the district court, and judgment for the defendant. The plaintiff brings the case here. The facts appear in the opinion.
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
This was an action for damages, brought by James Smith, an infant two years and twenty days old, by his next friend, William Smith, against the Atchison, Topeka & Santa Eé railroad company. The action was tried before the court and a jury; and after the plaintiff had introduced his evidence and rested, the defendant demurred to the evidence, upon the ground that it did not prove any cause of *740action in favor of the plaintiff and against the defendant. The court below sustained the demurrer, and rendered judgment in favor of the defendant…
2Cases cited10 opinions
- Railroad Co. v. BrownSupreme Court of the United States · 1873
- Kansas Central Railway Co. v. FitzsimmonsSupreme Court of Kansas · 1879
- Taylor v. Western Pacific RailroadCalifornia Supreme Court · 1873
- Chicago, St. Paul & Fond du Lac Railroad v. McCarthyIllinois Supreme Court · 1858
- Kansas Pacific Rly. Co. v. WoodSupreme Court of Kansas · 1880
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3Cited by12 opinions
- Atlanta & Charlotte Air-Line Rwy. Co. v. GravittSupreme Court of Georgia · 1894
- Indianapolis Traction & Terminal Co v. CrolyIndiana Supreme Court · 1911
- Campbell v. . LaundrySupreme Court of North Carolina · 1925
- Cole v. SearfossIndiana Court of Appeals · 1912
- Smith v. Sunday Creek Co.West Virginia Supreme Court · 1914
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