Sawyer v. Sauer
Supreme Court of Kansas
Error from Miami District Court. Action by Sauer to recover for personal injuries sustained while riding as a passenger in defendant’s stage-coach. The petition alleged that the accident was caused by reason of the drunkenness, and carelessness, and recklessness of the driver of the coach; that the stage-horses ran away, and while plaintiff was trying to extricate himself he was thrown to the ground and run over by the coach, his leg broken, etc.
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Error from Miami District Court. Action by Sauer to recover for personal injuries sustained while riding as a passenger in defendant’s stage-coach. The petition alleged that the accident was caused by reason of the drunkenness, and carelessness, and recklessness of the driver of the coach; that the stage-horses ran away, and while plaintiff was trying to extricate himself he was thrown to the ground and run over by the coach, his leg broken, etc. The principal facts are stated in the opinion. The action was brought in the district court of Labette county, and taken on change of venue to the…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
Plaintiff in error is the surviving partner of the firm of Sawyer & Ficldin, who were proprietors of a stage-coach line between Chetopa and Baxter Springs. Emil J. Sauer the defendant in error, a minor, who sues by his next friend, while a passenger in one of the coaches of’ Sawyer & Ficklin was injured, and brought his action in the district court to recover damages therefor. Verdict and judgment were in his favor for $3,500. To reverse this plaintiff in error brings the record here.
i. instructions; objects and purposes. The main questions…
2Cases cited7 opinions
- Ernst v. . Hudson River Railroad Co.New York Court of Appeals · 1866
- Wiley v. KeokukSupreme Court of Kansas · 1870
- Beers v. Housatonuc Rail-roadSupreme Court of Connecticut · 1849
- U. P. R. W. Co. v. RollinsSupreme Court of Kansas · 1869
- Graves v. . DudleyNew York Court of Appeals · 1859
2 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Smith v. WadeSupreme Court of the United States · 1983
- Kansas Pacific Railway Co. v. PointerSupreme Court of Kansas · 1874
- Louisville & Nashville Railroad v. KellyIndiana Supreme Court · 1883
- Missouri Pacific Railway Co. v. WaltersSupreme Court of Kansas · 1908
- Lewark v. ParkinsonSupreme Court of Kansas · 1906
13 more not listed; retrieve them via the Exa API.