St. Louis & San Francisco Railway Co. v. Dawson
Supreme Court of Kansas
, Error from Orawford district court; Walter L. Simons, judge. STATEMENT. This action was begun by defendant in error, plaintiff below, in the district court of Crawford county, to recover damages for personal injuries alleged to have been caused by the negligence of plaintiff in error, defendant below.
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, Error from Orawford district court; Walter L. Simons, judge. STATEMENT. This action was begun by defendant in error, plaintiff below, in the district court of Crawford county, to recover damages for personal injuries alleged to have been caused by the negligence of plaintiff in error, defendant below. A jury trial was had and a verdict returned in favor of plaintiff below for $1000, upon which verdict judgment was entered, and from which judgment these proceedings in error are prosecuted. ; Plaintiff below in her petition alleged that defendant below owned and operated a railroad extending…
1Opinion of the Court
The opinion of the court was delivered by
Ellis, J. :
The principal matter for consideration in this case is the contention of the plaintiff in error that the conduct of Mrs. Dawson in attempting to cross in front of an engine fired up and manned, as if ready to move, was negligence per se, wherefore it became the duty of the court below so to declare, and to. refuse to submit the question of contributory negligence to the jury. If the rules hitherto laid down by this and other courts in ordinary crossing cases are applicable to the one at bar, the argument made on behalf of this contention…
2Cases cited12 opinions
- Lake Shore & Michigan Southern Railway Co. v. BodemerIllinois Supreme Court · 1892
- Harlan v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1877
- Adams v. Iron Cliffs Co.Michigan Supreme Court · 1889
- Loucks v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1884
- Missouri, Kansas & Texas Railway Co. v. MerrillSupreme Court of Kansas · 1900
7 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Caffey v. St. Louis-San Francisco Railway CompanyMissouri Court of Appeals · 1956
- Atchison, Topeka & Santa Fe Railway Co. v. WilkieSupreme Court of Kansas · 1907
- Eubank v. Kansas City Terminal Railway Co.Supreme Court of Missouri · 1940
- Haven v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1920
- Chicago, Rock Island & Pacific Railway Co. v. HansenSupreme Court of Kansas · 1908
4 more not listed; retrieve them via the Exa API.