Chicago, Kansas & Western Railroad v. Fisher
Supreme Court of Kansas
Error from, Shawnee District Court. Action by Fisher against the Railroad Company to recover damages for bodily injuries. Judgment for plaintiff, July 8, 1889. The defendant brings the case to this court. The opinion states the material facts. 1. Under the undisputed facts and the special findings of the jury, the general verdict cannot stand.
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Error from, Shawnee District Court. Action by Fisher against the Railroad Company to recover damages for bodily injuries. Judgment for plaintiff, July 8, 1889. The defendant brings the case to this court. The opinion states the material facts. 1. Under the undisputed facts and the special findings of the jury, the general verdict cannot stand. They show that the plaintiff was guilty of contributory negligence, and judgment should be rendered in favor of the defendant upon the special findings of the jury. A person about to cross a railroad track is required to make a vigilant use of both his…
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
This was an action brought in the district court of Shawnee county on January 28,1888, by George Fisher against the Chicago, Kansas & Western Railroad Company to recover damages for an injury received while he was attempting to cross one of the railroad tracks of the Atchison, Topeka & Santa Fé Railroad Company in the city of Kinsley. The case was tried before the court and a jury, and the jury rendered a general verdict in favor of the plaintiff and against the defendant, assessing the plaintiff’s damages at $3,000; and also, in response…
2Cases cited7 opinions
- Union Pacific Railway Co. v. AdamsSupreme Court of Kansas · 1885
- Flemming v. W. Pac. R.R.California Supreme Court · 1874
- Marty v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Supreme Court of Minnesota · 1888
- Hauser v. Central R. R.Supreme Court of Pennsylvania · 1892
- Austin & Northwestern Railway Co. v. BeattyTexas Supreme Court · 1889
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3Cited by15 opinions
- Stout v. GallemoreSupreme Court of Kansas · 1933
- Wehe v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1916
- Brim v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1932
- Atchison, Topeka & Santa Fe Railroad v. WilleySupreme Court of Kansas · 1899
- Johnson v. Union Pacific RailroadSupreme Court of Kansas · 1943
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