Kansas Pacific Rly. Co. v. Salmon
Supreme Court of Kansas
Error from Leavenworth District Court. The defendant in error as administratrix of tbe estate of her deceased husband Daniel Salmon, brought suit against the K. P. Railway Company to recover damages sustained by the widow and heirs of said deceased by reason of his death. The action was brought under §422 of the code.
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Error from Leavenworth District Court. The defendant in error as administratrix of tbe estate of her deceased husband Daniel Salmon, brought suit against the K. P. Railway Company to recover damages sustained by the widow and heirs of said deceased by reason of his death. The action was brought under §422 of the code. The petition alleged that said Daniel Salmon was a passenger riding on defendant’s cars, on their railroad, and that his death was caused by the gross carelessness and negligence of the defendant, by its agents and employees, and through no want of care' or fault on the part of…
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
This was an action brought by Margaret Salmon, administratrix of-the estate of Daniel Salmon de*89ceased, against the Kansas Pacific Railway Company, to recover damages for wrongfully causing the- death of said Daniel Salmon. The issues were tried by a’jury; and on the trial the parties submitted the following agreed statement of facts to the jury as evidence, to-wit:
“ 1st. The plaintiff is the administratrix of the estate of Daniel Salmon deceased, duly and legally appointed, as in the petition alleged. 2d.-At the time of death of Daniel…
2Cases cited4 opinions
- Russell v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1858
- Higgins ex rel. Higgins v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1865
- Union Pacific Railway Co. v. NicholsSupreme Court of Kansas · 1871
- Dow v. Kansas Pacific Rly. Co.Supreme Court of Kansas · 1871
3Cited by25 opinions
- Ewald v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1888
- Byland v. E. I. du Pont de Nemours Powder Co.Supreme Court of Kansas · 1914
- Gibler v. Quincy, Omaha & Kansas City RailroadMissouri Court of Appeals · 1910
- Harrison v. Detroit, Lansing & Northern RailroadMichigan Supreme Court · 1890
- Kansas Pacific Rly. Co. v. SalmonSupreme Court of Kansas · 1875
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