Chicago, Rock Island & Pacific Railway Co. v. Kennedy
Court of Appeals of Kansas
Memorandum.— Error from Wyandotte court of common pleas; T. P. Anderson, judge: Action by Frank Kennedy, an infant, by William Kennedy, his next friend, against The Chicago, Nock Island & Pacific Nailway Company to recover damages for personal injury. Judgment for plaintiff. Defendant brings the case to this court.
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Memorandum.— Error from Wyandotte court of common pleas; T. P. Anderson, judge: Action by Frank Kennedy, an infant, by William Kennedy, his next friend, against The Chicago, Nock Island & Pacific Nailway Company to recover damages for personal injury. Judgment for plaintiff. Defendant brings the case to this court. The statement of the case, as made by Garver, J., is as follows : Action to recover damages for a personal injury alleged to have been sustained by the defendant in error, who was the plaintiff below, through the negligence of the plaintiff in error, at a street crossing in Kansas…
1Opinion of the Court
The opinion of the court was delivered by
GrABVER., J. :
The only act of negligence, under the evidence and findings of the jury, attributable to the railway company is the running of the train which inflicted the injury at a rate of speed prohibited by the ordinances of the city in which the accident occurred. The allegation that warning signals of the approaching train were not given falls to the ground in the face of the finding of the jury that they cannot determine whether or not such signals were given. As it devolved upon the plaintiff to prove that fact, if it existed, such a finding…
2Cases cited22 opinions
- Railroad Co. v. StoutSupreme Court of the United States · 1874
- Kunz v. . City of TroyNew York Court of Appeals · 1887
- Karle v. Kansas City, St. Joseph & Council Bluffs R. R.Supreme Court of Missouri · 1874
- Terre Haute & Indianapolis Railroad v. VoelkerIllinois Supreme Court · 1889
- Pennsylvania Co. v. HensilIndiana Supreme Court · 1880
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3Cited by3 opinions
- Harvey v. GardnerSupreme Court of Missouri · 1949
- Frere v. Missouri, Kansas & Texas Railway Co.Supreme Court of Kansas · 1915
- Miles v. Central Coal & Coke Co.Missouri Court of Appeals · 1913