Atchison, Topeka & Santa Fé Railroad v. Brassfield
Supreme Court of Kansas
Error from Johnson District Court. Action by Brassfield against the Atohison, Topeka & Santa Eé Railroad Company to recover for personal injuries sustained while in the employment of defendant. November 12, 1889, there was a judgment for plaintiff, and defendant brings error. 1. The evidence is insufficient to show negligence in a fellow-servant, and the verdict cannot therefore stand. Negligence, in a suit_ brought by the servant against the master, will not be presumed.
Read the full summary
Error from Johnson District Court. Action by Brassfield against the Atohison, Topeka & Santa Eé Railroad Company to recover for personal injuries sustained while in the employment of defendant. November 12, 1889, there was a judgment for plaintiff, and defendant brings error. 1. The evidence is insufficient to show negligence in a fellow-servant, and the verdict cannot therefore stand. Negligence, in a suit_ brought by the servant against the master, will not be presumed. It must be shown that there was a failure to perform some duty toward the plaintiff. In the case of the Mo. Pac. Rly. Co.…
1Opinion of the Court
The opinion of the court was delivered by
Johnston, J.:
Theodore A. Brassfield, who was employed by the Atchison, Topeka & Santa Fé Railroad Company in the capacity of a'section hand, was injured while unloading ties from a car, which were about to be used in the repair of the company’s track. The injury is alleged to have occurred through the negligence of a co-employé who was assisting in unloading the ties. It is stated that Brassfield had taken hold of one end of the tie, and the co-employé carelessly took hold of the other end and jerked and turned it over so as to throw Brassfield off his…
2Cases cited2 opinions
- Gordon v. State ex rel. BoderSupreme Court of Kansas · 1868
- Union Pacific Railway Co. v. HarrisSupreme Court of Kansas · 1885
3Cited by18 opinions
- Callahan v. St. Louis Merchants' Bridge Terminal RailroadSupreme Court of Missouri · 1902
- Loeb v. LoebSupreme Court of Oklahoma · 1909
- Cahill v. Illinois Central RailroadSupreme Court of Iowa · 1910
- Chicago, Rock Island & Pacific Railway Co. v. LacySupreme Court of Kansas · 1908
- Manning v. Portland Ship Building Co.Oregon Supreme Court · 1908
13 more not listed; retrieve them via the Exa API.