Kansas Central Railway Co. v. Fitzsimmons
Supreme Court of Kansas
Error from Leavenworth District Court. Action by Fitzsimmons, by his father as his next friend, to recover damages for personal injuries sustained. Trial at the March Term, 1878, of the district court, and verdict and findings for the plaintiff for $500 and costs. Newtrial denied, and the defendant brings the case here for review. The facts are stated in the opinion.
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
This is the second time that this case has been to this court. (18 Kas. 34.) The first judgment rendered in the case (which judgment was in favor of Fitzsimmons, and against the railway company for $3,000 and costs), was reversed by this court, and the cause remanded to the district court for further proceedings. On its return to the district court it was again tried; and this time it was tried in accordance with the expressed views of the supreme-court stated in its opinion. This second trial resulted in a judgment in favor of…
Also in this document: Concurrence.
2Cases cited3 opinions
- Railroad Co. v. StoutSupreme Court of the United States · 1874
- Kefee v. Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1875
- Kansas Central Railway Co. v. FitzsimmonsSupreme Court of Kansas · 1877
3Cited by59 opinions
- City of Pekin v. McMahonIllinois Supreme Court · 1895
- Walsh v. Fitchburg RailroadNew York Court of Appeals · 1895
- City of Shawnee v. CheekSupreme Court of Oklahoma · 1913
- Savannah, Florida & Western Railway Co. v. BeaversSupreme Court of Georgia · 1901
- Indianapolis, Peru & Chicago Railway Co. v. PitzerIndiana Supreme Court · 1886
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