Bess v. Atchison, Topeka & Santa Fe Railway Co.
Supreme Court of Kansas
Error from Leaven worth district court; Louis A. Myeks, judge. STATEMENT. The plaintiffs below, plaintiffs in error here, were the parents of Olaude D. Bess, a minor, who, at the time of his death, was fifteen years and ten months old. Between the place of residence of the deceased and the business part of the city of Leavenworth there were situated many railroad-tracks and switches owned by the defendant company, over which they operated their engines and cars.
Read the full summary
Error from Leaven worth district court; Louis A. Myeks, judge. STATEMENT. The plaintiffs below, plaintiffs in error here, were the parents of Olaude D. Bess, a minor, who, at the time of his death, was fifteen years and ten months old. Between the place of residence of the deceased and the business part of the city of Leavenworth there were situated many railroad-tracks and switches owned by the defendant company, over which they operated their engines and cars. A part of these tracks crossed Seneca street at and near its intersection with Eighth street. On or near Seneca street, about sixty…
1Opinion of the Court
The opinion of the court was delivered by
Smith, J. :
The testimony introduced by the plaintiffs below showed that the deceased, up to the time he stepped on the track, was walking in a place of safety between what is called the main line and the track next to it. He was familiar with the location, and had traveled over the ground adjacent to these railroad-tracks many times. He knew that the employees of the railway company were engaged in switching freight-cars, and just before his death he had passed the very train which struck him, a short distance west of the place where he was killed.…
2Cases cited12 opinions
- Railroad Co. v. GladmonSupreme Court of the United States · 1873
- Western & Atlantic Railroad v. YoungSupreme Court of Georgia · 1888
- Felton v. AubreyCourt of Appeals for the Sixth Circuit · 1896
- Biggs v. Consolidated Barb-Wire Co.Supreme Court of Kansas · 1899
- Thompson v. Buffalo Railway Co.New York Court of Appeals · 1895
7 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Wilson v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1903
- Chitwood v. ChitwoodSupreme Court of South Carolina · 1930
- Scott ex rel. Scott v. Kansas State Fair Ass'nSupreme Court of Kansas · 1918
- Bellamy v. Kansas City Railways Co.Supreme Court of Kansas · 1921
- Chicago, Burlington & Quincy Railway Co. v. LaughlinSupreme Court of Kansas · 1906
4 more not listed; retrieve them via the Exa API.