Williams v. Atchison, Topeka & Santa Fé Railroad
Supreme Court of Kansas
Error from Shawnee District Court. Action by Williams against the Railroad Company, to recover damages for personal injuries received by him while in the service of the company. Trial at the January Term, 1878, of the district court, and judgment for defendant. Williams brings the case here. The facts are sufficiently stated in the opinion. cited §1, ch. 94, Laws of 1874; Snow v. Housatonic Rid.
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Error from Shawnee District Court. Action by Williams against the Railroad Company, to recover damages for personal injuries received by him while in the service of the company. Trial at the January Term, 1878, of the district court, and judgment for defendant. Williams brings the case here. The facts are sufficiently stated in the opinion. cited §1, ch. 94, Laws of 1874; Snow v. Housatonic Rid. Co., 90 Mass. 441; Sayzer v. Taylor, 76 Mass. 280. The plaintiff did not join in the demurrer, and no judgment can be rendered upon a demurrer to evidence until there is a joinder in demurrer. This is…
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
Where a railroad company is sued by one of its employés for injuries received by him while in the-service of the company, and on the trial of the case no negligence is shown to have existed on the part of either the railroad company or any of its employés other than the plaintiff, we would think that the plaintiff could not recover, and that the court might rightfully and properly sustain a demurrer interposed by the defendant to the plaintiff’s evidence, and that the court might then rightfully and properly render judgment in favor of…
2Cited by3 opinions
- Atchison Topeka & Santa Fé Railroad v. PlunkettSupreme Court of Kansas · 1881
- Clark v. Missouri Pacific Railway Co.Supreme Court of Kansas · 1892
- McDonnell v. BurnsCourt of Appeals for the Eighth Circuit · 1897