Chicago, Rock Island & Pacific Railway Co. v. Clinkenbeard
Supreme Court of Kansas
Error from Smith district court; Richard M. Pickler, judge. STATEMENT. This was an action brought by Clinkenbeard against the railway company for damages on account of personal injuries received by him in being struck by the pilot-beam of a moving engine in the yards of the company at Smith Center, Kan.
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Error from Smith district court; Richard M. Pickler, judge. STATEMENT. This was an action brought by Clinkenbeard against the railway company for damages on account of personal injuries received by him in being struck by the pilot-beam of a moving engine in the yards of the company at Smith Center, Kan. Clinkenbeard was a drayman, well acquainted with the railroad yards, • which, so far as involved in this case, consisted of a wedge-shaped strip of land between the main track and the house-track. This strip was forty or fifty feet wide near the depot, and extended over 300 feet east to a…
1Opinion of the Court
The opinion of the court was delivered by
Smith, J.:
Many errors are assigned by the railway company, among which are the refusal of the court to sustain its demurrer to the plaintiff’s evidence, the refusal of the court to give certain instructions asked by its attorneys, and the refusal of the court to set aside the verdict and special findings of the jury and grant a new trial. Except as to the last *562objection we think the rulings of the court were correct. The instructions asked by the defendant, so far as they were correct statements of the law, were embraced in the instructions given by…
2Cases cited3 opinions
- Florida Central & Peninsular Railroad v. WilliamsSupreme Court of Florida · 1896
- Chicago, Rock Island & Pacific R. R. v. AustinIllinois Supreme Court · 1873
- Campbell v. Kansas City, Fort Scott & Memphis RailroadSupreme Court of Kansas · 1895
3Cited by1 opinion
- McCullough v. Missouri Pacific Railway Co.Supreme Court of Kansas · 1915