Atchison, Topeka & Santa Fe Railway Co. v. Hamlin
Supreme Court of Kansas
Error from Reno district court; M. P. Simpson, judge. STATEMENT. This was an action brought by Mortimer and Annie Hamlin, parents of Reuben Hamlin, to recover damages by reason of the death of their son, who was struck by a locomotive of plaintiff in error and killed while in the employ of the company engaged in laying rails. The deceased was one of a company of thirty-five or forty men engaged in such w5rk on the line a few miles west of Hutchinson.
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Error from Reno district court; M. P. Simpson, judge. STATEMENT. This was an action brought by Mortimer and Annie Hamlin, parents of Reuben Hamlin, to recover damages by reason of the death of their son, who was struck by a locomotive of plaintiff in error and killed while in the employ of the company engaged in laying rails. The deceased was one of a company of thirty-five or forty men engaged in such w5rk on the line a few miles west of Hutchinson. He was struck by the locomotive which was drawing an east-bound passenger train, known as No. 2. The jury made the following findings : “1. If…
1Opinion of the Court
The opinion of the court was delivered by
Smith, J. :
Summarizing those findings of the jury which were most favorable to the plaintiffs below, it appears that the train was coming east, and that Devine, the foreman, when he warned the men to leave the track, was standing about 300 feet west of the deceased. The men east of Hamlin did not hear Devine’s warning, and did not leave the track when he shouted. Hamlin stood on the north side of the track facing south. The engine struck him on the right side. The track ran nearly east and west. The wind and the noise of the men at work on the track…
2Cases cited1 opinion
- Atchison, Topeka & Santa Fe Railway Co. v. JudahSupreme Court of Kansas · 1902
3Cited by3 opinions
- McGuire v. McGuireSupreme Court of Kansas · 1940
- Kronenberg v. WhaleOhio Court of Appeals · 1925
- Atchison, Topeka & Santa Fe Railway Co. v. HamlinSupreme Court of Kansas · 1907