Legal Opinion

Kansas Pacific Railway Co. v. Peavey

Supreme Court of Kansas

Decided January 15, 1883PublishedCited by 45 opinions

Error from Wyandotte District Court. Action to recover for personal injury sustained by Peavey, while in the employment of The Kansas Pacific Railway Company.

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Error from Wyandotte District Court. Action to recover for personal injury sustained by Peavey, while in the employment of The Kansas Pacific Railway Company. The petition was filed on the 17th day of January, 1881, and is as follows, (omitting court and title:) “The said Joseph Peavey, the plaintiff in the above-entitled action, complains of the said.Kansas Pacific railway company, the defendant herein, for that said defendant is, and was at the several times in this petition mentioned, a railroad company and a railroad corporation, existing, organized and doing business in the state of…

1Opinion of the Court

The opinion of the court was delivered by

Hobton, C. J.:

*175,1' ñabüityfno *174The petition alleges substantially that the defendant in error (plaintiff below) was employed as a brakeman and yardman by the railway company to work at Armstrong, in this state, and while engaged in attempting to couple two cars together, on the 23d day of August, 1879, was, without his fault, injured through the negligence of one of the engineers of defendant below, in carelessly and recklessly shoving and pushing a car against him, whereby one of his hands was caught between two cars, and greatly injured and mangled.…

2Cases cited14 opinions

  1. Koons v. St. Louis & Iron Mountain RailroadSupreme Court of Missouri · 1877
  2. Muldowney v. Ill. Cent. Ry. Co.Supreme Court of Iowa · 1873
  3. Hamilton v. Des Moines Valley R. R.Supreme Court of Iowa · 1872
  4. Union Pacific Railway Co. v. HandSupreme Court of Kansas · 1871
  5. Bemis v. BeckerSupreme Court of Kansas · 1862

9 more not listed; retrieve them via the Exa API.

3Cited by45 opinions

  1. Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. MontgomeryIndiana Supreme Court · 1898
  2. Johnston v. . FargoNew York Court of Appeals · 1906
  3. Hartford Fire Ins. v. Chicago, M. & St. P. Ry. Co.Court of Appeals for the Eighth Circuit · 1895
  4. Crimmins v. BoothMassachusetts Supreme Judicial Court · 1909
  5. Mason v. Richmond & Danville RailroadSupreme Court of North Carolina · 1892

40 more not listed; retrieve them via the Exa API.

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