Telle v. Leavenworth Rapid Transit Railway Co.
Supreme Court of Kansas
Error from Leavenworth District Court. On the 13th day of November, 1887, Wm. Telle was a fireman on one of the engines of the Leavenworth Rapid Transit Railway Company. He was injured about 11:30 A. m. on that day, by the engine on the main track colliding with a coal car which was close to the main track on the west side thereof. This engine was the ordinary street motor, commonly known as the “dummy,” and to this engine were attached two passenger cars.
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Error from Leavenworth District Court. On the 13th day of November, 1887, Wm. Telle was a fireman on one of the engines of the Leavenworth Rapid Transit Railway Company. He was injured about 11:30 A. m. on that day, by the engine on the main track colliding with a coal car which was close to the main track on the west side thereof. This engine was the ordinary street motor, commonly known as the “dummy,” and to this engine were attached two passenger cars. The crew consisted of a conductor, engineer, brakeman, and the plaintiff as fireman. The engineer’s position was on the right, inside of…
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
The question in this case is, whether the plaintiff upon his proof was entitled to go to the jury upon the question of the defendant’s negligence. It is contended that the railway company was guilty of negligence in not keeping its track clear of obstructions, and that the engineer in charge of the street motor or “dummy” negligently failed to discharge his duty in not keeping a proper lookout for obstructions upon or near the track. It has been frequently decided by this court that a railway company is bound to exercise reasonable and…
2Cases cited11 opinions
- Kelley v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1881
- Price v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1880
- Missouri Pacific Railway Co. v. HaleySupreme Court of Kansas · 1881
- Union Pacific Railway Co. v. MillikenSupreme Court of Kansas · 1871
- Atchison, Topeka & Santa Fé Railroad v. HoltSupreme Court of Kansas · 1883
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3Cited by11 opinions
- Hoskins v. Northern Pacific Railway Co.Montana Supreme Court · 1909
- Newlin v. St. Louis & San Francisco RailroadSupreme Court of Missouri · 1909
- Thogmartin v. KoppelSupreme Court of Kansas · 1937
- Forsell v. Pittsburgh & Montana Copper Co.Montana Supreme Court · 1909
- Greco v. Western States Portland Cement Co.Supreme Court of Kansas · 1911
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