Atchison, Topeka & Santa Fé Railroad v. Walz
Supreme Court of Kansas
Error from Atchison District Court. George Walz brought this action against The Atchison, Topeha & Santa Fé Railroad Company, and stated in his petition that on August 2,1886, he was passing along a highway near the city of Atchison with a threshing outfit, composed of a traction engine, tank, separator, and stacker, all- attached together, and that he approached a crossing of the defendant’s road, when he stopped to ascertain whether he could safely cross the railroad, and…
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Error from Atchison District Court. George Walz brought this action against The Atchison, Topeha & Santa Fé Railroad Company, and stated in his petition that on August 2,1886, he was passing along a highway near the city of Atchison with a threshing outfit, composed of a traction engine, tank, separator, and stacker, all- attached together, and that he approached a crossing of the defendant’s road, when he stopped to ascertain whether he could safely cross the railroad, and that he was then signaled to cross by a flagman employed by the defendant and another railroad company to warn persons…
1Opinion of the Court
The opinion of the court was delivered by
JOHNSTON, J.:
The collision between the threshing machine and the railroad train occurred at a point in Atchison county where a public and much-used highway crosses the tracks of the Atchison, Topeka & Santa Eé Railroad, the Central Branch Union Pacific Railroad, and the Missouri Pacific Railway. At that place the tracks extend in the same direction, and are only a few feet apart. It was averred and claimed by Walz that the defendant, in connection with another railroad company, employed a flagman at the crossing to warn persons of the approach of…
2Cases cited1 opinion
- Atchison, Topeka & Santa Fé Railroad v. MorganSupreme Court of Kansas · 1883
3Cited by7 opinions
- Atchison, Topeka & Santa Fe Railway Co. v. JudahSupreme Court of Kansas · 1902
- Carlock v. Denver & Rio Grande RailroadSupreme Court of Colorado · 1913
- Vaughn v. Kansas City Northwestern RailroadSupreme Court of Kansas · 1902
- Williams v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1917
- Missouri Pacific Railway Co. v. JaffiSupreme Court of Kansas · 1903
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