Chicago Great Western Railway v. Bailey
Supreme Court of Kansas
Error from Wyandotte court of common pleas; William G. Holt, judge. STATEMENT; This was an action brought by the defendant in error to recover from the railway company damages for her personal injuries. The plaintiff was about forty-three years of age. She was riding with her sister, a married woman some twelve years older than she, in a one-horse buggy.
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Error from Wyandotte court of common pleas; William G. Holt, judge. STATEMENT; This was an action brought by the defendant in error to recover from the railway company damages for her personal injuries. The plaintiff was about forty-three years of age. She was riding with her sister, a married woman some twelve years older than she, in a one-horse buggy. They were returning from Kansas City, Mo., driving west on Central avenue in Kansas City, Kan., across which the company’s track was laid. The horse and buggy were the property of the sister, Mrs. Towner. The horse was about twenty-two years…
1Opinion of the Court
*118The opinion of the court was delivered by
Cunningham, J. :
The first complaint is that the court erred in refusing to sustain the demurrer to the evidence of plaintiff below, the claim being that there was no evidence to show that whatever steam escaped from the engine came through the cylinder-cocks, as was alleged in the petition. It is true no witness testified directly that such was the case, but there was an abundance of evidence, which we do not find it necessary to state, that warranted the jury in so finding.
The next complaint is that the court refused to give an instruction asked by…
2Cited by10 opinions
- Eberhardt v. Glasgow Mutual Telephone Ass'nSupreme Court of Kansas · 1914
- Ben M. Hogan & Co. v. KrugSupreme Court of Arkansas · 1961
- Goodaile v. Board of County CommissionersSupreme Court of Kansas · 1922
- St. Louis S. F. R. Co. v. ElsingSupreme Court of Oklahoma · 1913
- Lambel v. City of FlorenceSupreme Court of Kansas · 1924
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