Kansas Pacific Railway Co. v. Richardson
Supreme Court of Kansas
Error from, Shawnee District Court. This action was brought September 5, 1879, by Lyman Richardson against the Kansas Pacific Railway Company, to-recover $10,000 for the injury to plaintiff's person and also to his team, harness and wagon, occasioned by the negligence of defendant’s agents and employés in running over with'its locomotive and train said team, etc., while being driven by him across Kansas avenue, a main thoroughfare of the city of Topeka, adjoining the…
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Error from, Shawnee District Court. This action was brought September 5, 1879, by Lyman Richardson against the Kansas Pacific Railway Company, to-recover $10,000 for the injury to plaintiff's person and also to his team, harness and wagon, occasioned by the negligence of defendant’s agents and employés in running over with'its locomotive and train said team, etc., while being driven by him across Kansas avenue, a main thoroughfare of the city of Topeka, adjoining the passenger depot of the defendant. Plaintiff testified: “I live on Western'avenue and Fifth street; I came here-last April, and…
1Opinion of the Court
The opinion of the court was delivered.by
Hortoít, C. J.:
*406„ 1. Question of findingsusU’ tamed. *405Various reasons are urged by the counsel of the railway company for setting aside this verdict and judgment, but the main reasons alleged are, that from the undisputed facts in the case, the railway company was not negligent, and Richardson was negligent. These reasons are presented in different ways. It is said there was no proof of negligence of the company; that Richardson did not take the slightest precaution to protect himself, and that his injuries were all caused by his own want of care. The…
2Cases cited9 opinions
- Kansas Pacific Railway Co. v. KunkelSupreme Court of Kansas · 1876
- Kansas Pacific Railway Co. v. PointerSupreme Court of Kansas · 1874
- Leavenworth, Lawrence & Galveston Railroad v. RiceSupreme Court of Kansas · 1872
- Renwick v. . New York Central R.R. Co.New York Court of Appeals · 1867
- Toledo, Wabash & Western Railway Co. v. FossIllinois Supreme Court · 1878
4 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Missouri, Kansas & Texas Railway Co. v. MageeTexas Supreme Court · 1899
- St. Louis-San Francisco Ry. Co. v. RundellSupreme Court of Oklahoma · 1925
- English v. Southern Pacific Co.Utah Supreme Court · 1896
- Chicago, Rock Island & Pacific Railway Co. v. DurandSupreme Court of Kansas · 1902
- Wichita & Western Railroad v. DavisSupreme Court of Kansas · 1887
6 more not listed; retrieve them via the Exa API.