Legal Opinion

Atchison, Topeka & Santa Fe Railroad v. Whitbeck

Supreme Court of Kansas

Decided March 6, 1897No. 8881PublishedCited by 4 opinions

Error from Osage District Court. Hon. William Thomson,' Judge.

1Opinion of the CourtAllen, J.

John H. Whitbeck brought suit against the Railroad Company to recover for injuries received by him while loading stock for shipment at the stockyards in Larned. It appears that he had engaged cars for two car-loads of cattle which he wished to ship, and that he and other shippers, who also had stock, went to the stock-yards with the yardmaster for the purpose of loading the cattle. The train which was to take them out was due at 11 o’clock at night, but was four hours late. They commenced loading after dark, on a dark, windy and dusty night. There were two chutes for loading. After two cars…

2Cases cited2 opinions

  1. Pierce v. MyersSupreme Court of Kansas · 1882
  2. Karr v. HudsonSupreme Court of Kansas · 1878

3Cited by4 opinions

  1. Tucker v. ThravesSupreme Court of Oklahoma · 1915
  2. Board of County Commissioners v. Citizens National BankCourt of Appeals of Kansas · 1897
  3. Noyes v. TootleSupreme Court of Oklahoma · 1899
  4. Whitley v. Chicago, Burlington & Quincy Railway Co.Missouri Court of Appeals · 1904

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