Atchison, Topeka & Santa Fe Railroad v. Shaw
Supreme Court of Kansas
Error from Sedgwick District Gout. This action was brought by Alice Shaw to recover damages for injuries received while crossing a railroad track in the city of Wichita. The plaintiff and Mrs. Frazer, with her baby, were in a spring wagon passing along First street. Near the intersection of First street and Fifth Avenue, First street crosses a number of railroad tracks. The west one, where' the plaintiff was injured, is called the “Hawn track.”
Read the full summary
Error from Sedgwick District Gout. This action was brought by Alice Shaw to recover damages for injuries received while crossing a railroad track in the city of Wichita. The plaintiff and Mrs. Frazer, with her baby, were in a spring wagon passing along First street. Near the intersection of First street and Fifth Avenue, First street crosses a number of railroad tracks. The west one, where' the plaintiff was injured, is called the “Hawn track.” About 53 feet east from this is what is termed the “Wichita & Western track,” and about 15 feet from that is the main track. There were many cars…
1Opinion of the Court
The opinion of the court was delivered by
Allen, J.: The errors assigned are very numerous. We have examined them all, but deem it unnecessary to make mention of any but the principal questions presented.
I. It is said that the negligence charged was that “the engineer and servants in charge of said train, suddenly, carelessly, and with gross negligence, backed said train across said highway, striking the wagon in which said plaintiff was riding.” On the trial, the plaintiff offered in evidence an ordinance of the city of Wichita, requiring the defendant to maintain and operate automatic gates…
2Cited by4 opinions
- Chicago, Rock Island & Pacific Railway Co. v. HindsSupreme Court of Kansas · 1896
- Watkins v. Mountain Home Co-operative Irrigation Co.Idaho Supreme Court · 1921
- Urban v. Pere Marquette RailroadAppellate Court of Illinois · 1930
- Chicago, Rock Island & Pacific Railway Co. v. HansenSupreme Court of Kansas · 1908