Union Pacific Railway Co. v. Geary
Supreme Court of Kansas
Error from Ellsworth District Court. August 11, 1888, Jeremiah Geary, who was and had been in the employ for many years as a track repairer or section hand, was killed by being run over by a train of cars of the Union Pacific Eailway Company. He left a widow and five children. Geary, at the time of his death, was 39 years old, a healthy man, sober and industrious, and, as such track repairer, was earning $1.25 per day, with which he supported his family.
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Error from Ellsworth District Court. August 11, 1888, Jeremiah Geary, who was and had been in the employ for many years as a track repairer or section hand, was killed by being run over by a train of cars of the Union Pacific Eailway Company. He left a widow and five children. Geary, at the time of his death, was 39 years old, a healthy man, sober and industrious, and, as such track repairer, was earning $1.25 per day, with which he supported his family. About 2 p. m. of August 11, 1888, Geary, as one of a gang of track repairers composed of Mike Hines, Dan. Yordy, Harry McGuire, and Geary,…
1Opinion of the Court
The opinion of the court was delivered by ■
HORTON, C. J.:
The contention of the railroad company is, that the demurrer to the evidence introduced by the plaintiff below should have been sustained, first, because plaintiff failed to prove the negligence alleged in her petition; and, second, *316because she did prove contributory negligence on the part of the deceased. It was not shown there was any “violent or unusual jerk” in the starting of the train, or that Geary had read the rules concerning the signals in the starting of a train.
While the jury did not find that there was any “violent and…
2Cases cited3 opinions
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- Missouri Pacific Railway Co. v. PierceSupreme Court of Kansas · 1888
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