Hamilton v. Hannibal & St. Joseph Railroad
Supreme Court of Kansas
Error from, Atchison District Court. This action was brought by M. F. Hamilton, the widow of M. C. Hamilton, to recover from The Hannibal & St. Joseph Railroad Company $5,000 as damages for the death of her husband, alleged to have resulted from the negligence of the agents and employés of the railroad company.
Read the full summary
Error from, Atchison District Court. This action was brought by M. F. Hamilton, the widow of M. C. Hamilton, to recover from The Hannibal & St. Joseph Railroad Company $5,000 as damages for the death of her husband, alleged to have resulted from the negligence of the agents and employés of the railroad company. The petition set out in the record was filed July 10, 1886, and, omitting title and caption, is as follows: “ The said plaintiff, M. E. Hamilton, complains of the said defendant, The Hannibal & St. Joseph Railroad Company, and alleges that at the time of the happening of the wrongs and…
1Opinion of the Court
The opinion of the court was delivered by
Johnston, J.:
The question presented for decision here is, whether plaintiff has set up and shown a right of action in her favor against the railroad company maintainable in the courts of this state. Her husband, as is alleged, was injured upon the railroad of the defendant company on September 17, 1885, through the negligence of its servants, and he died on September 23, 1885. The injury and death occurred in Mis*60souri, and she brings her action in Kansas, based on a statute of Missouri, which is set out at length in the petition. On one side it is…
2Cases cited14 opinions
- Dennick v. Railroad Co.Supreme Court of the United States · 1881
- Whitford v. . the Panama Railroad CompanyNew York Court of Appeals · 1861
- Leonard v. . Columbia Steam Navigation Co.New York Court of Appeals · 1881
- Herrick v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1883
- Barker v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1886
9 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Rodman v. Missouri Pacific Railway Co.Supreme Court of Kansas · 1902
- Hartray v. Chicago Railways Co.Illinois Supreme Court · 1919
- Matheny v. PorterCourt of Appeals for the Tenth Circuit · 1946
- City of Eureka v. MerrifieldSupreme Court of Kansas · 1894
- Kuchler v. WeaverSupreme Court of Oklahoma · 1909
23 more not listed; retrieve them via the Exa API.