Atchison, Topeka & Santa Fe Railroad v. Chance
Supreme Court of Kansas
Error from Butler District Court. Mon. C. W. Shinn, Judge. STATEMENT BY THE COURT. ' On December 1, 1890, John B. Finnegan, one of a gang of men employed by the plaintiff in error to relay its track with steel rails from a distance north of Augusta to that place, was seriously injured by falling off a derailed hand-car and being run over by another which was following it.
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Error from Butler District Court. Mon. C. W. Shinn, Judge. STATEMENT BY THE COURT. ' On December 1, 1890, John B. Finnegan, one of a gang of men employed by the plaintiff in error to relay its track with steel rails from a distance north of Augusta to that place, was seriously injured by falling off a derailed hand-car and being run over by another which was following it. On August 21,1891, he commenced his action against the railroad company to recover $20,000 damages by reason of said injury. He alleged that the hand-car on which he rode at the time was much worn by long usage and service,…
1Opinion of the Court
The opinion of the court was delivered by
Martin, C. J. :
*461. Incompetent juror. *45I. The court erred in overruling the defendant’s challenge for cause of William Dye as a juror. He seems to have been fair and straightforward in answering the questions of court and counsel, and he might have been entirely fair in the considera*46tion of the case; but, as he felt that it would require a continual effort on his part to deal with the railroad company in the same way that he would with an individual, and that, perhaps, he could not consider the case in an-impartial way, it was the duty of the court to…
2Cases cited5 opinions
- Atlanta & West Point Railroad v. NewtonSupreme Court of Georgia · 1890
- City of Parsons v. LindsaySupreme Court of Kansas · 1881
- Missouri Pacific Railway Co. v. MackeySupreme Court of Kansas · 1885
- Missouri, Kansas & Texas Rly. Co. v. MunkersSupreme Court of Kansas · 1873
- State v. VoganSupreme Court of Kansas · 1895
3Cited by21 opinions
- Merrill v. Los Angeles Gas Elec. Co.California Supreme Court · 1910
- Leiker Ex Rel. Leiker v. GaffordSupreme Court of Kansas · 1989
- Sullivan v. Old Colony Street Railway Co.Massachusetts Supreme Judicial Court · 1908
- Indianapolis Street Railway Co. v. RayIndiana Supreme Court · 1906
- Maynard v. Oregon RailroadOregon Supreme Court · 1904
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