St. Louis & San Francisco Railroad v. Johnson
Supreme Court of Kansas
Error from Johnson district court; Winfield H. Sheldon, judge. STATEMENT. Sarah E. Johnson brought an action against the plaintiff in error to recover for the death of her son, William A. Johnson, a brakeman, who was killed while in the employ of the railroad company near Scullin, in the Indian Territory. She recovered a verdict and judgment for $2000, and the company prosecutes this proceeding in error.
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Error from Johnson district court; Winfield H. Sheldon, judge. STATEMENT. Sarah E. Johnson brought an action against the plaintiff in error to recover for the death of her son, William A. Johnson, a brakeman, who was killed while in the employ of the railroad company near Scullin, in the Indian Territory. She recovered a verdict and judgment for $2000, and the company prosecutes this proceeding in error. William A. Johnson was thirty-six years of age at the time of his death, and unmarried. He had for a number of years been the chief support of his mother, the defendant in error, who was a…
1Opinion of the Court
The opinion of the court was delivered by
Porter, J.:
The jury made over seventy special findings, among them the following:
“(17) Ques. When said box car 7706 was put in' that train, and at the time the deceased lost his life, was, or was not, one of the grab-irons or foot-rests of the ladder on the south end of said box car 7706 mashed flat against the wood of the car so that it could not be safely used by the deceased as a handhold or as a foot-rest? Ans. Yes.”
“(21) Q. Did the deceased attempt to get from the top of said box car 7706, in the exercise of ordinary care, when [the train was] in…
2Cases cited20 opinions
- Atchison, Topeka & Santa Fe Railway Co. v. BancordSupreme Court of Kansas · 1903
- Kansas City, Fort Scott & Memphis Railroad v. PerrySupreme Court of Kansas · 1902
- St. Louis & San Francisco Railway Co. v. WeaverSupreme Court of Kansas · 1886
- Atchison, Topeka & Santa Fé Railroad v. MooreSupreme Court of Kansas · 1883
- Atchison, Topeka & Santa Fé Railroad v. WagnerSupreme Court of Kansas · 1885
15 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Cosden Pipe Line Co. v. BerrySupreme Court of Oklahoma · 1922
- Missouri Pacific Railway Co. v. BentleySupreme Court of Kansas · 1907
- Schmidt v. Farmers Elevator Mutual InsuranceSupreme Court of Kansas · 1971
- Atchison, T. & S. F. Ry. Co. v. LambertSupreme Court of Oklahoma · 1912
- Sykes v. Citizens' National BankSupreme Court of Kansas · 1908
1 more not listed; retrieve them via the Exa API.