Spinden v. Atchison, Topeka & Santa Fe Railway Co.
Supreme Court of Kansas
Appeal from Sedgwick district court, division No. 2; Thornton W. Sargent, judge.
1Opinion of the Court
The opinion of the court was delivered by
Mason, J.:
W. J. Spinden, an employee of the Atchison, Topeka & Santa Fe Railway Company, lost his life while assisting in restoring the track after a washout. His widow was appointed administratrix, and- brought an action against the company, alleging his death to have been due to its negligence. She recovered a judgment, from which the defendant appeals.
The defendant' contended, among other matters, that no recovery could be had because Spinden had assumed the risk of the work at which he was employed at the time of his death. The court instructed the…
2Cases cited6 opinions
- Seaboard Air Line Railway v. HortonSupreme Court of the United States · 1914
- Schlemmer v. Buffalo, Rochester & Pittsburg Railway Co.Supreme Court of the United States · 1907
- Gila Valley, Globe & Northern Railway Co. v. HallSupreme Court of the United States · 1914
- Schlemmer v. Buffalo, Rochester & Pittsburg Railway Co.Supreme Court of the United States · 1911
- Kansas City, Mexico & Orient Railway Co. v. LoosleySupreme Court of Kansas · 1907
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Toops v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1929
- McMullen v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1920
- Williams v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1917
- McDougall v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1920
- Eastman v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1918
4 more not listed; retrieve them via the Exa API.