McCallion v. Missouri Pacific Railway Co.
Supreme Court of Kansas
Error from Butler district court; Granville P. Airman, judge. STATEMENT. The Missouri. Pacific Railway Company owns and operates a line of railway into and through Butler county, with a side-track leading to a stone-quarry and crusher which are owned and operated by Frazier and Vanderhoof. Plaintiff in error, Peter C. McCallion, was in the employ of Frazier and Vanderhoof, working-in and about the quarry and crusher.
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Error from Butler district court; Granville P. Airman, judge. STATEMENT. The Missouri. Pacific Railway Company owns and operates a line of railway into and through Butler county, with a side-track leading to a stone-quarry and crusher which are owned and operated by Frazier and Vanderhoof. Plaintiff in error, Peter C. McCallion, was in the employ of Frazier and Vanderhoof, working-in and about the quarry and crusher. It became a part of his duty to run ballast-cars down the side-track to the crusher. The grade of . the side-track leading to the crusher was descending, and brakes were required…
1Opinion of the Court
The opinion of the court was delivered by
Porter, J.:
The motion to dismiss the proceeding on the ground that the case-made was not served within the time required by law is disposed of by the case of Gerdom v. Durein, ante, p. 704.
We will first consider the demurrer of the railway company. It is argued that as plaintiff in error was not in the employ of the railway company it had no control over his actions, and that the negligence charged against the railway company upon the ground of the defective brake on the ballast-car is not sufficient to constitute a cause of action against it. The…
2Cases cited5 opinions
- Missouri, Kansas & Texas Railway Co. v. MerrillSupreme Court of Kansas · 1902
- Atchison & Eastern Bridge Co. v. MillerSupreme Court of Kansas · 1905
- Spaulding v. W. N. Flynt Granite Co.Massachusetts Supreme Judicial Court · 1893
- Kansas City-Leavenworth Railroad v. LangleySupreme Court of Kansas · 1904
- Edgerton v. O'NeilCourt of Appeals of Kansas · 1896
3Cited by13 opinions
- Hill v. Southern Kansas Stage Lines Co.Supreme Court of Kansas · 1936
- Markley v. Kansas City Southern Railway Co.Supreme Court of Missouri · 1936
- Logan v. Cin., N. O. & T. P. Railway Co.Court of Appeals of Kentucky · 1910
- Kambour v. Boston & Maine RailroadSupreme Court of New Hampshire · 1913
- Roberts v. Southern Pacific Co.California Court of Appeal · 1921
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