Legal Opinion

Chicago, Rock Island & Pacific Railroad v. Doyle

Supreme Court of Kansas

Decided January 15, 1877PublishedCited by 33 opinions

Drror from Leavenwo7%th District Court. Action by Doyle, who alleged that by reason of the negligence of the Railroad Company he was 'thrown from a hand-car “against and upon the ground, and was thereby greatly bruised, lacerated and wounded, and that by said fall his right leg was broken at the thigh, his right hip was dislocated, his right side paralyzed, his right shoulder-blade broken, and that he was by said fall injured internally, severely, and dangerously, and was…

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Drror from Leavenwo7%th District Court. Action by Doyle, who alleged that by reason of the negligence of the Railroad Company he was 'thrown from a hand-car “against and upon the ground, and was thereby greatly bruised, lacerated and wounded, and that by said fall his right leg was broken at the thigh, his right hip was dislocated, his right side paralyzed, his right shoulder-blade broken, and that he was by said fall injured internally, severely, and dangerously, and was made sick, sore, lame and diseased, and was caused to suffer great bodily pain and anguish, and that ever since that time…

1Opinion of the Court

The opinion of the court was delivered by

Horton, C. J.:

This was an action to recover damages for personal injuries alleged to have been received by defendant in error through the negligence of plaintiff in error in knowingly employing and retaining an incompetent, reckless and unfit servant, and in providing an unsafe and unsuitable handcar. The petition states in substance that .plaintiff in error was a corporation organized under the laws of Illinois, and was, on the day of the injury therein complained of, operating a line of railroad, extending from Leavenworth, Kansas, east through the…

2Cases cited4 opinions

  1. Simpson v. KimberlinSupreme Court of Kansas · 1874
  2. Pritchett v. MitchellSupreme Court of Kansas · 1876
  3. American Bridge Co. v. MurphySupreme Court of Kansas · 1874
  4. Kansas Pacific Railway Co. v. CouseSupreme Court of Kansas · 1877

3Cited by33 opinions

  1. O'Meara v. HaidenCalifornia Supreme Court · 1928
  2. Wagner v. National Life Ins. Co. of MontpelierCourt of Appeals for the Sixth Circuit · 1898
  3. Sanford v. Royal InsuranceWashington Supreme Court · 1895
  4. St. Louis S. F. Ry. Co. v. RichardsSupreme Court of Oklahoma · 1909
  5. Kelly v. Chicago Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1908

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