Legal Opinion

Atchison, Topeka & Santa Fé Railroad v. Brown

Supreme Court of Kansas

Decided July 15, 1885PublishedCited by 6 opinions

Error from Dyon District Court. ACTION brought against The Railroad Company by Joseph Broion, as administrator of the estate of William Haas, deceased, who is alleged to have lost his life by reason of the negligence of' .the defendant. Trial at the March Term, 1884, and verdict against the company for $5,000. The defendant moved for judgment upon the special findings, notwithstanding the general verdict, which motion was overruled.

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Error from Dyon District Court. ACTION brought against The Railroad Company by Joseph Broion, as administrator of the estate of William Haas, deceased, who is alleged to have lost his life by reason of the negligence of' .the defendant. Trial at the March Term, 1884, and verdict against the company for $5,000. The defendant moved for judgment upon the special findings, notwithstanding the general verdict, which motion was overruled. New trial denied, and judgment upon the verdict for plaintiff. The defendant company brings the case here. The opinion states the material facts. (See also Rid.…

1Opinion of the Court

The opinion of the court was delivered by

HobtoN, C. J.:

This was an action brought by Joseph Brown, as administrator, to recover damages for the benefit of the next of kin of William Haas, deceased, who is alleged to have lost his life on November 17,1879, by reason of the negligence of the railroad company while the said William Haas was in the performance of his duties as an employé of the company. On the day named, Haas was a yard switchman in the employ of the company at its car yard near the city of Empo-ria, in this state. He went in between a box car and a flat car upon the railroad,…

2Cases cited3 opinions

  1. First National Bank v. PeckSupreme Court of Kansas · 1871
  2. A. T. & S. F. Rld. Co. v. BrownSupreme Court of Kansas · 1881
  3. Babcock v. DieterSupreme Court of Kansas · 1883

3Cited by6 opinions

  1. Avery v. City of LyonsSupreme Court of Kansas · 1958
  2. Knoche v. Meyer Sanitary Milk Co.Supreme Court of Kansas · 1955
  3. Witt ex rel. Witt v. RoperSupreme Court of Kansas · 1939
  4. Osburn v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1907
  5. Francis v. BrockSupreme Court of Kansas · 1909

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