Chicago, Kansas & Western Railroad v. Pontius
Supreme Court of Kansas
Error from Dickinson District Court. Clifford E. Pontius was employed by the defendant company as a bridge carpenter, and worked in that capacity at various points on the line of defendant’s road. A bridge was constructed across the Verdigris river, in Greenwood county.
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Error from Dickinson District Court. Clifford E. Pontius was employed by the defendant company as a bridge carpenter, and worked in that capacity at various points on the line of defendant’s road. A bridge was constructed across the Verdigris river, in Greenwood county. The false work used for support in its construction was taken down, and the timbers of which it was composed were hoisted and loaded into cars on the bridge, to be transported to some other point on defendant’s road. The timbers were muddy and slippery. The mode of hoisting them was to attach a rope or chain to the timbers,…
1Opinion of the Court
The opinion of the court was delivered by
Allen, J.:
It is contended by counsel for plaintiff in error that § 93, chapter 23, of the General Statutes of 1889, has no application to this case. The section reads:
“Sec. 93. Every railroad company organized and doing business in this state shall be liable for all damages done to any employé of such company in consequence ot any negligence of its agents, or by any mismanagement of its engineers or other employés to any person sustaining such damage.”
*266It is urged that the plaintiff, being employed as a bridge carpenter, was not engaged in the perilous…
2Cases cited6 opinions
- Missouri Pacific Railway Co. v. MacKeySupreme Court of the United States · 1888
- Minneapolis & St. Louis Railway Co. v. BeckwithSupreme Court of the United States · 1889
- Missouri Pacific Railway Co. v. HaleySupreme Court of Kansas · 1881
- Missouri Pacific Railway Co. v. MackeySupreme Court of Kansas · 1885
- Union Pacific Railway Co. v. HarrisSupreme Court of Kansas · 1885
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Callahan v. St. Louis Merchants' Bridge Terminal RailroadSupreme Court of Missouri · 1902
- Akeson v. Chicago, Burlington & Quincy Railway Co.Supreme Court of Iowa · 1898
- Hunter v. Ingram-Day Lumber Co.Mississippi Supreme Court · 1916
- Missouri, Kansas & Texas Railway Co. v. MedarisSupreme Court of Kansas · 1899
- Iarussi v. Missouri Pac. Ry. Co.U.S. Circuit Court for the Northern District of Illnois · 1907
4 more not listed; retrieve them via the Exa API.