Michael v. Kansas City Western Railway Co.
Missouri Court of Appeals
Appeal from, Jackson Circuit Court. — Ro». James E. Goodrich, Judge. (1) Under the law of Kansas when two persons are riding on the driver’s seat of a wagon, one of whom is driving, and are engaged in a common purpose with equal opportunity to see and appreciate the approaching danger from such objects as approaching cars the negligence of the driver is imputable to his companion.
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Appeal from, Jackson Circuit Court. — Ro». James E. Goodrich, Judge. (1) Under the law of Kansas when two persons are riding on the driver’s seat of a wagon, one of whom is driving, and are engaged in a common purpose with equal opportunity to see and appreciate the approaching danger from such objects as approaching cars the negligence of the driver is imputable to his companion. Bush v. Railroad, 62 Kan. 709, 64. Pac. 614; Bussey v. Railroad, 66 Kan. 735, 71 Pac. 261; Railroad v. Holland, 60 Kan. 209; 56 Pac. 6; Union Railroad v. Adams, 33 Kan. 427, 6 Pac. 529; Railroad v. Wheelbarger, 75…
1Opinion of the CourtJohnson, J.
Plaintiff, a fireman employed in the fire department of the city of Leavenworth, Kansas, received personal injuries in a collision between a combined hose and chemical wagon on which he was riding and an electric street car operated by defendant and, claiming that his injuries were caused by the negligence of defendant, instituted this suit to recover the damages he suffered in consequence of his injuries. The answer includes a general denial, a plea of contributory negligence and a further plea that laws of the state of Kansas preclude a recovery in all cases of personal injury where…
2Cases cited11 opinions
- Dyerson v. Union Pacific RailroadSupreme Court of Kansas · 1906
- Union Pacific Railway Co. v. AdamsSupreme Court of Kansas · 1885
- Bush v. Union Pacific RailroadSupreme Court of Kansas · 1901
- Atchison, Topeka & Santa Fe Railroad v. HollandSupreme Court of Kansas · 1899
- Missouri, Kansas & Texas Railway Co. v. BusseySupreme Court of Kansas · 1903
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3Cited by5 opinions
- Frandeka v. St. Louis Public Service Co.Supreme Court of Missouri · 1950
- Oklahoma Ry. Co. v. ThomasSupreme Court of Oklahoma · 1917
- Lemonds Ex Rel. Lemonds v. HolmesMissouri Court of Appeals · 1951
- Hogan v. FlemingMissouri Court of Appeals · 1924
- Green ex rel. Green v. United Railways Co.Missouri Court of Appeals · 1912