Legal Opinion

Culp v. Atchison & Nebraska Railroad

Supreme Court of Kansas

Decided January 15, 1877PublishedCited by 18 opinions

Error from Doniphan District Court. Culp’s team became frightened, while near the railroad track and depot of defendants, in the city of Doniphan, in March 1'874, causing plaintiff to be thrown from his wagon, and breaking his leg, and so injuring him that amputation of the leg was necessary. He alleged negligence on the part of the Railroad Company. A demurrer to his petition was sustained at the September Term 1874, and Gulp brings the record here for review.

1Opinion of the Court

The opinion of the court was delivered by

Brewer, J.:

This was an action for damages for physical injuries. The petition alleged, that plaintiff was driving his team on a traveled road which led by the railroad track and depot of defendant, that his team was frightened by the whistle and escape of steam from a locomotive at the depot, upset his wagon, and thereby caused him great physical injury. His petition showed that there was no negligence or want of care on his part. The allegations showing negligence on the part of the defendant are as follows:

“ That there was then, and for thirty…

Also in this document: Concurrence.

2Cases cited1 opinion

  1. Toledo, Wabash & Western Railway Co. v. HarmonIllinois Supreme Court · 1868

3Cited by18 opinions

  1. Parsons v. Crown Disposal Co.California Supreme Court · 1997
  2. Billman v. Indianapolis, Cincinnati & Lafayette RailroadIndiana Supreme Court · 1881
  3. Cincinnati, Indianapolis, St. Louis & Chicago Railway Co. v. GainesIndiana Supreme Court · 1885
  4. Louisville & Nashville R. R. v. JenkinsSupreme Court of Alabama · 1916
  5. Chicago & Erie Railway Co. v. CummingsIndiana Court of Appeals · 1899

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