Kansas Central Railway Co. v. Fitzsimmons
Supreme Court of Kansas
Error from Leavenworth District Court. Action by Fitzsimmons, by his father as his next friend, to recover damages for personal injuries sustained. The plaintiff had judgment- at the November Term 1874 of the district court for three thousand dollars. The Railway Company brings the ease here on error. The facts, and the instructions complained of, are set forth in the opinion.
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
„ , „ , Statement of case. This was an action by Jerry Fitzsimmons, by his next friend, to recover damages for personal injuries. On the 17th of August 1873, Fitzsimmons, then about twelve years of age, was so much injured in his right leg by a turntable that to save his life the leg had to be amputated below the knee. He sat upon the end of the table, with r . 7 his legs hanging over. It was being run around by other boys about his own age, and when the rails on the table came in juxtaposition to those of the adjacent track, the limb was…
2Cases cited5 opinions
- Bissell v. Michigan Southern & Northern Indiana Railroad CompaniesNew York Court of Appeals · 1860
- Kelly v. . the Mayor C. of New-YorkNew York Court of Appeals · 1854
- Meyer v. Midland Pacific RailroadNebraska Supreme Court · 1873
- Blackwell v. WiswallNew York Supreme Court · 1865
- Lockwood v. Mayor of New YorkNew York Court of Common Pleas · 1858
3Cited by13 opinions
- Atlanta & Florida Railroad v. KimberlySupreme Court of Georgia · 1891
- Kansas Central Railway Co. v. FitzsimmonsSupreme Court of Kansas · 1879
- Kansas City, Mexico & Orient Railway Co. v. LoosleySupreme Court of Kansas · 1907
- St. Louis & San Francisco Railroad v. MaddenSupreme Court of Kansas · 1908
- Moseley v. City of Kansas CitySupreme Court of Kansas · 1951
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