Kansas Pacific Rly. Co. v. Salmon
Supreme Court of Kansas
Error from 'Leavenworth District Court. The defendant in error as administratrix of the estate of her deceased husband Daniel Salmon, brought suit against the K. P. Railway Company to recover damages sustained by the widow and heirs of said deceased by reason of his death.
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Error from 'Leavenworth District Court. The defendant in error as administratrix of the estate of her deceased husband Daniel Salmon, brought suit against the K. P. Railway Company to recover damages sustained by the widow and heirs of said deceased by reason of his death. The action was commenced in October 1871, and was here on error two years ago, and will be found reported in 11 Kas., 83, where a full statement of the facts, agreed and admitted, will be found in the statement and opinion. The original petition (11 Kas., 84,) alleged that Daniel Salmon was a passenger, riding on…
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
This is the second time that this action has been brought to this court. (K. P. Rly. Co. v. Salmon, 11 Kas., 83.) When here first it was reversed, and sent back to the court below for a new trial. On being returned to that court the plaintiff below (Margaret Salmon) with leave of the court, but over the objections of the Railway Company, amended her petition. This is the first ruling of the court below now complained of as error. It is claimed that such ruling was erroneous, because the amendment, as is claimed, changed substantially the…
2Cases cited6 opinions
- Flike v. . Boston and Albany R.R. Co.New York Court of Appeals · 1873
- Laning v. . N.Y.C.R.R. Co.New York Court of Appeals · 1872
- Union Pacific Railway Co. v. MillikenSupreme Court of Kansas · 1871
- Kansas Pacific Rly. Co. v. SalmonSupreme Court of Kansas · 1873
- Dow v. Kansas Pacific Rly. Co.Supreme Court of Kansas · 1871
1 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Kansas Pacific Railway Co. v. KunkelSupreme Court of Kansas · 1876
- Sachra v. Town of ManillaSupreme Court of Iowa · 1903
- Atchison & Eastern Bridge Co. v. MillerSupreme Court of Kansas · 1905
- Deligny v. Tate Furniture Co.Supreme Court of North Carolina · 1915
- Hannibal & St. Joseph Railroad v. FoxSupreme Court of Kansas · 1884
15 more not listed; retrieve them via the Exa API.