Atchison, Topeka & Santa Fé Railroad v. Priest
Supreme Court of Kansas
Error from Sedgwiclc Common Pleas Court. On the 2d day of August, 1887, James Priest, in crossing the tracks of a railroad operated by the Atchison, Topeka & Santa Fé Railroad Company, in Wichita, was run over by the cars of the company.
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Error from Sedgwiclc Common Pleas Court. On the 2d day of August, 1887, James Priest, in crossing the tracks of a railroad operated by the Atchison, Topeka & Santa Fé Railroad Company, in Wichita, was run over by the cars of the company. Subsequently M. W. Priest, as administrator of the estate of James Priest, deceased, brought his action against the railroad company to recover $10,000 as damages, alleging— “That James Priest, his intestate, was passing along a public highway in the city of Wichita on foot, and, in attempting to cross the track of the defendant, was, by the negligence of the…
1Opinion of the Court
The opinion of the court was delivered by.
Horton, C. J.:
The facts in this case are undisputed, except upon the part of the plaintiff below it is claimed that the railroad tracks were laid along a public street, and that the point where the accident happened was an alleyway or crossing, used by the public generally, connecting with the street along which the tracks were laid, and that it was the custom of the public to cross and recross the tracks, both as footmen and with teams. On the part of the railroad company, it is asserted that the place of the accident is upon the private grounds of…
2Cases cited4 opinions
- Railroad Company v. HoustonSupreme Court of the United States · 1878
- McCarthy v. Chicago, Rock Island & Pacific RailroadSupreme Court of Kansas · 1877
- Union Pacific Railway Co. v. AdamsSupreme Court of Kansas · 1885
- Wichita & Western Railroad v. DavisSupreme Court of Kansas · 1887
3Cited by8 opinions
- Jacobs v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1916
- St. Louis, Iron Mountain & Southern Railway Co. v. MartinSupreme Court of Arkansas · 1896
- Kirby v. Kansas CitySupreme Court of Kansas · 1920
- Schaefer v. Arkansas Valley Interurban Railway Co.Supreme Court of Kansas · 1919
- Crane v. Missouri Pacific Railway Co.Supreme Court of Kansas · 1913
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