Luse v. Union Pacific Railway Co.
Supreme Court of Kansas
Error from Brown District Court. Hon. J. F. Thompson, Judge. On April 27, 1891, the plaintiff commenced her action against the defendant to recover damages for personal injuries alleged to have been sustained by her on December 6, 1890, at Leona, Kansas, in alighting from defendant’s train, the principal allegation of. negligence being that the train was started before she had time under the circumstances to get off.
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Error from Brown District Court. Hon. J. F. Thompson, Judge. On April 27, 1891, the plaintiff commenced her action against the defendant to recover damages for personal injuries alleged to have been sustained by her on December 6, 1890, at Leona, Kansas, in alighting from defendant’s train, the principal allegation of. negligence being that the train was started before she had time under the circumstances to get off. On a trial at November term, 1891, a verdict was returned in favor of the plaintiff for $3,250, and at the same time the jury answered certain particular questions of fact; those…
1Opinion of the Court
Martin, C. J,
1. Negligence to start train, when. I. The Court erred in sustaining the motion of the defendant for judgment in its favor upon the findings of the jury notwithstanding their general verdict. The findings show that the defend-' ant was guilty of ordinary negligence in starting its-train before the plaintiff had time to alight therefrom, and that she exercised due care in attempting-to leave it and in stepping therefrom just as it was-starting and before she had knowledge that it was in motion. The care of her babe and the entry and departure of other passengers-retarded her…
2Cases cited8 opinions
- Jeffersonville Railroad v. Hendricks' AdministratorIndiana Supreme Court · 1866
- Kansas City, Wyandotte & Northwestern Railroad v. RyanSupreme Court of Kansas · 1892
- Southern Railroad v. KendrickMississippi Supreme Court · 1866
- Straus v. Kansas City, St. Joseph & Council Bluffs RailroadSupreme Court of Missouri · 1881
- City of Atchison v. ByrnesSupreme Court of Kansas · 1879
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Atchison, Topeka & Santa Fe Railroad v. HollandSupreme Court of Kansas · 1897
- Spruce v. Chicago, R. I. & P. RY. CO.Supreme Court of Oklahoma · 1929
- Tritle v. Phillips Petroleum Co.Supreme Court of Kansas · 1934
- Hall v. Northern Pacific Railway Co.North Dakota Supreme Court · 1907
- Metropolitan Street Railway Co. v. McClureSupreme Court of Kansas · 1897
3 more not listed; retrieve them via the Exa API.