Marple v. Topeka Railway Co.
Supreme Court of Kansas
Appeal from Shawnee district court. STATEMENT. This is an action to recover damages for the death of the plaintiff’s husband caused by the alleged negligence of the defendant. Marple was walking east on the north side of Laurent street in Topeka. About the time he reached the curb on the west side of Kansas avenue an electric street car approached the crossing of Laurent street running south on the avenue.
Read the full summary
Appeal from Shawnee district court. STATEMENT. This is an action to recover damages for the death of the plaintiff’s husband caused by the alleged negligence of the defendant. Marple was walking east on the north side of Laurent street in Topeka. About the time he reached the curb on the west side of Kansas avenue an electric street car approached the crossing of Laurent street running south on the avenue. Marple continued to walk eastwardly, angling slightly to the north, and passing behind the car, over the west track, proceeded to the west rail of the east track, where he was struck by a…
1Opinion of the Court
The opinion of the court was delivered by
Benson, J.:
The contention of the defendant is that the plaintiff is barred from a recovery by the contributory negligence of the deceased. This claim was presented in a demurrer to the evidence, in requests for instructions, and otherwise. The argument is that if the deceased looked he must have seen the approaching car in time to have averted injury, and was negligent because he did not stop, and that if he failed to look he was equally negligent. (Young v. Railway Co., 57 Kan. 144, 45 Pac. 583.) If it clearly appears that he was thus negligent the…
2Cases cited8 opinions
- Dyerson v. Union Pacific RailroadSupreme Court of Kansas · 1906
- Newark Passenger Railway Co. v. BlockSupreme Court of New Jersey · 1893
- Kansas City-Leavenworth Railroad v. GallagherSupreme Court of Kansas · 1904
- Young v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Kansas · 1896
- Beaver v. Atchison, Topeka & Santa Fe RailroadSupreme Court of Kansas · 1896
3 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Keele v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Missouri · 1914
- Herrick v. Washington Water Power Co.Washington Supreme Court · 1913
- Leinbach v. Pickwick-Greyhound LinesSupreme Court of Kansas · 1933
- Harris v. Kansas City Public Service Co.Supreme Court of Kansas · 1931
- Coleman v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1912
12 more not listed; retrieve them via the Exa API.