Legal Opinion

Westine v. Atchison, Topeka & Santa Fe Railway Co.

Supreme Court of Kansas

Decided March 11, 1911No. 16,841PublishedCited by 5 opinions

Appeal from Neosho district court. STATEMENT. This is an appeal by the defendant from an order granting a new trial after a demurrer to the plaintiff’s evidence had been sustained. . The plaintiff was a brakeman on a freight train running between Chanute, Kan., and Tulsa, Okla., and was injured while performing his duties at Tulsa. Three parallel tracks of the defendant extend north and south through that place, crossing Second, Third, Fourth and Fifth streets.

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Appeal from Neosho district court. STATEMENT. This is an appeal by the defendant from an order granting a new trial after a demurrer to the plaintiff’s evidence had been sustained. . The plaintiff was a brakeman on a freight train running between Chanute, Kan., and Tulsa, Okla., and was injured while performing his duties at Tulsa. Three parallel tracks of the defendant extend north and south through that place, crossing Second, Third, Fourth and Fifth streets. These streets are 300 feet apart. The passenger depot is between Third and Fourth streets, with a platform extending from the…

1Opinion of the Court

The opinion of the court was delivered by

Benson, J.:

The plaintiff contends that he was at the post of duty, the only place where he could perform it, giving close attention to the signals of his conductor, which it was necessary to do to prevent accidents to his train; that while so engaged, absorbed with duty and wholly unaware of danger, the passenger train, running quietly, without giving signals or warning, ran upon and injured him; and that this injury could have been prevented if the conductor of the passenger train had exercised ordinary care. On the other hand, the defendant contends…

2Cases cited14 opinions

  1. Grand Trunk Railway Co. v. IvesSupreme Court of the United States · 1892
  2. Kane v. Northern Central Railway Co.Supreme Court of the United States · 1888
  3. Shoner v. Pennsylvania Co.Indiana Supreme Court · 1891
  4. Baltimore & Ohio Southwestern Railway Co. v. PetersonIndiana Supreme Court · 1901
  5. Goodfellow v. Boston, Hartford & Erie RailroadMassachusetts Supreme Judicial Court · 1871

9 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Marple v. Topeka Railway Co.Supreme Court of Kansas · 1911
  2. Smith v. Joplin & Pittsburg Railway Co.Supreme Court of Kansas · 1913
  3. Glenn v. St. Louis & San Francisco RailroadSupreme Court of Kansas · 1915
  4. Riley v. Kansas City Southern Railway Co.Supreme Court of Missouri · 1914
  5. Westine v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1912

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