Kansas Pacific Railway Co. v. Kunkel
Supreme Court of Kansas
Error from, Jefferson District Court. Action by Kimkel, to recover for personal injuries sustained in August 1869. The action was commenced in May 1872; The facts as claimed by Kunkel, are stated in the opinion,, infra.. The Railway Company pleaded the statute of limitations, and also controverted the facts alleged in the petition., A trial was had in May 1873, when a verdict was returned in favor of Kimkel for $3,000 damages.
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Error from, Jefferson District Court. Action by Kimkel, to recover for personal injuries sustained in August 1869. The action was commenced in May 1872; The facts as claimed by Kunkel, are stated in the opinion,, infra.. The Railway Company pleaded the statute of limitations, and also controverted the facts alleged in the petition., A trial was had in May 1873, when a verdict was returned in favor of Kimkel for $3,000 damages. On defendant’s motion, the district, court, at the same term, set aside the verdict, and granted a new trial. .A second trial was had at the May Term-1874. The main…
1Opinion of the Court
The opinion of the -court was delivered by
Brewer, J.:
This action was tried and judgment rendered in favor of the plaintiff upon a petition, of which the material allegations are as follows:
“The plaintiff, Jerome Kunkel, complains of the said Kansas Pacific Eailway Company, the defendant herein, for that the said defendant was, on August 18th 1869, and from that time till now has been, a common carrier of, and in the business of carrying, passengers on its railroad, in the state of Kansas, in the county of Jefferson, for pay; that on said 18th of August 1869, the said defendant undertook and…
2Cases cited33 opinions
- Atchison, Topeka & Santa Fe Rld. v. StanfordSupreme Court of Kansas · 1874
- Staley v. JamesonIndiana Supreme Court · 1874
- St. Joseph & Denver City Railroad v. ChaseSupreme Court of Kansas · 1873
- Price v. EvansSupreme Court of Missouri · 1872
- Kansas Pacific Rly. Co. v. SalmonSupreme Court of Kansas · 1875
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3Cited by91 opinions
- Nichols v. NoldSupreme Court of Kansas · 1953
- Crabb v. Swindler, AdministratrixSupreme Court of Kansas · 1959
- State v. KringstadNorth Dakota Supreme Court · 1984
- Bodne v. AustinTennessee Supreme Court · 1928
- Cook v. StenslieNorth Dakota Supreme Court · 1977
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