Legal Opinion

Smith v. Joplin & Pittsburg Railway Co.

Supreme Court of Kansas

Decided December 6, 1913No. 18,425PublishedCited by 7 opinions

Appeal from Crawford district court; John L. Kirkpatrick, judge pro tem.

1Opinion of the Court

*32The opinion of the court was delivered by

Benson, J.:

This appeal is from a j udgment awarding damages for injuries suffered in a collision of an electric interurban car with an automobile.

The right of way of the railway adjoins and is parallel to a public, road extending north and south. A hedge row stood upon the line between the road and the right of way. A cross road extended east and west across the north-and-south road and through a gap in the hedge and over the right of way and track of the defendant. At the time of the collision the hedge was about fifteen feet ,in height and its…

2Cases cited4 opinions

  1. Beaver v. Atchison, Topeka & Santa Fe RailroadSupreme Court of Kansas · 1896
  2. Johnson v. Chicago, Rock Island & Pacific RailroadSupreme Court of Kansas · 1909
  3. Westine v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1911
  4. Metropolitan Street-railway Co. v. HansonSupreme Court of Kansas · 1903

3Cited by7 opinions

  1. Kemp v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Kansas · 1914
  2. Gage v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1914
  3. Brizendine v. Union Pacific RailroadSupreme Court of Kansas · 1915
  4. Coleman v. St. Louis-San Francisco Railway Co.Supreme Court of Kansas · 1930
  5. Corley v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1915

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