Hudson v. M. K. & T. Railway Co.
Supreme Court of Kansas
Error from Labette District Court. Action by Hudson to recover from the Railway Company damages for personal injuries inflicted by one Trotter who was at the time a servant in the employ of the defendant company. The facts as stated in the petition will be found in the opinion. The Railway Company demurred. The district court at the November Term 1874 sustained the demurrer, and gave judgment in favor of the defendant for costs.
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Error from Labette District Court. Action by Hudson to recover from the Railway Company damages for personal injuries inflicted by one Trotter who was at the time a servant in the employ of the defendant company. The facts as stated in the petition will be found in the opinion. The Railway Company demurred. The district court at the November Term 1874 sustained the demurrer, and gave judgment in favor of the defendant for costs. Hudson brings the case here on error. cited 14 How. 485; Story on Agency, § 452; Smith on Master & Servant, 152; 1 Redf. on Rlys. 532; 57 Me. 202; Edw. on Bailments,…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
The district court sustained a demurrer to the petition, and this is the ruling complained of. The petition is as follows:
[Court, and Title.) “The plaintiff, Thomas Hudson, shows to the court and alleges, that at the time of the committing of the wrongs and grievances hereinafter mentioned, the defendant, the Missouri, Kansas & Texas Railway Company, was a railroad corporation duly incorporated and acting under the laws of Kansas, and doing business as a public carrier of persons and goods in and through the city of Parsons, in Labette…
2Cases cited3 opinions
- Mali v. . LordNew York Court of Appeals · 1868
- Indianapolis, Peru, & Chicago Railway Co. v. AnthonyIndiana Supreme Court · 1873
- Baker v. KinseyCalifornia Supreme Court · 1869
3Cited by25 opinions
- Kemp v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Kansas · 1914
- Crelly v. Missouri & Kansas Telephone Co.Supreme Court of Kansas · 1911
- Roebuck v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1917
- Jackson v. Chicago, R. I. & P. Ry. Co.Court of Appeals for the Eighth Circuit · 1910
- Richard v. Amoskeag Manufacturing Co.Supreme Court of New Hampshire · 1920
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