Atchison, Topeka & Santa Fé Railroad v. McKee
Supreme Court of Kansas
Error from Shawnee Superior Court. This cause was tried in the superior court of Shawnee county, in June, 1885. The defendant in error as plaintiff recovered a judgment for $2,000. He had been employed in the car-shops of the defendant, at Topeka, Kansas, and while sawing truss-rod blocks had his right hand cut off at the wrist.
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Error from Shawnee Superior Court. This cause was tried in the superior court of Shawnee county, in June, 1885. The defendant in error as plaintiff recovered a judgment for $2,000. He had been employed in the car-shops of the defendant, at Topeka, Kansas, and while sawing truss-rod blocks had his right hand cut off at the wrist. He complains in his petition of three distinct grounds of negligence on the part of the defendant: first, that the timber furnished him for sawing was shattered and riven; second, that the saw furnished him was cracked, with broken teeth, and unsafe; third, that the…
1Opinion of the Court
Opinion by
Holt, C.:
The defendant makes a number of assignments of error, and they are all properly raised by the demurrer to the plaintiff’s evidence, and objections to the instructions given; by exceptions to the instructions asked and refused, and by motion for judgment on the findings for defendant, and motion for a new trial. Before we proceed to examine them in detail, we will state that the first ground of negligence alleged by plaintiff has no support whatever under the evidence introduced. It appears that the “ odds and ends ” of the timber cut at other saws in the shop were brought…
2Cases cited6 opinions
- Chicago, Milwaukee & St. Paul Railway Co. v. RossSupreme Court of the United States · 1884
- Santa Clara County v. Southern Pacific RailroadSupreme Court of the United States · 1886
- Deppe v. Chicago, R. I. & P. R. Co.Supreme Court of Iowa · 1872
- Brabbits v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1875
- St. Louis & San Francisco Railway Co. v. WeaverSupreme Court of Kansas · 1886
1 more not listed; retrieve them via the Exa API.
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- Maw v. Coast Lumber Co.Idaho Supreme Court · 1911
- Acton v. Fargo & Moorhead Street Railway Co.North Dakota Supreme Court · 1910
- Smith v. Massey-Ferguson, Inc.Supreme Court of Kansas · 1994
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