Legal Opinion

Atchison, Topeka & Santa Fé Railroad v. Todd

Supreme Court of Kansas

Decided January 15, 1895PublishedCited by 12 opinions

Error from Sedgwick District Court. Action by Henry A. Todd, as administrator of the estate of William H. Todd, deceased, against The Atchison, Topeka & Santa Fé Railroad Company and the Wichita & Western Railway Company, to recover damages for negligently killing William H. Todd, while he was sitting under a freight car in the yards of the railroad company in Wichita.

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Error from Sedgwick District Court. Action by Henry A. Todd, as administrator of the estate of William H. Todd, deceased, against The Atchison, Topeka & Santa Fé Railroad Company and the Wichita & Western Railway Company, to recover damages for negligently killing William H. Todd, while he was sitting under a freight car in the yards of the railroad company in Wichita. The jury returned a verdict for $650 against the Atchison, Topeka & Santa Fé Railroad Company, and with their verdict the following answers were returned to special questions: “ 1. Q. Is it not a fact that the accident in…

1Opinion of the Court

The opinion of the court was delivered by

Johnston, J.:

William H. Todd was killed while sitting under a car in the yards of the railroad company at Wichita. These yards are about two miles long, and over 300 yards wide, and, at the point where the fatality occurred, there was no public thoroughfare or street crossing, nor was there any inducement or implied invitation held out to enter upon the yards. Nothing about the cars was especially attractive to children, and there was nothing to lead the employés of the company to anticipate that persons would be sitting under the cars in the yard.…

2Cases cited6 opinions

  1. Dowling v. Gerard B. Allen & Co.Supreme Court of Missouri · 1885
  2. Chicago & Northwestern Ry. Co. v. SmithMichigan Supreme Court · 1881
  3. Tennis v. Inter-State Consolidated Rapid Transit Railway Co.Supreme Court of Kansas · 1891
  4. Atchison, Topeka & Santa Fé Railroad v. Plaskett ex rel. PlaskettSupreme Court of Kansas · 1891
  5. Pettit v. Great Northern Ry. Co.Supreme Court of Minnesota · 1894

1 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Jacobs v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1916
  2. Schoonover v. Baltimore & Ohio RailroadWest Virginia Supreme Court · 1911
  3. Wilson v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1903
  4. Frazee Ex Rel. Frazee v. St. Louis-San Francisco Railway Co.Supreme Court of Kansas · 1976
  5. Missouri Pacific Railway Co. v. PrewittSupreme Court of Kansas · 1898

7 more not listed; retrieve them via the Exa API.

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