Legal Opinion

Mason v. Missouri Pacific Railway Co.

Supreme Court of Kansas

Decided January 15, 1882PublishedCited by 19 opinions

Error from Wyandotte District Court. Action brought by Mason against the Missouri Pacific Railway Company, for damages sustained by him in the loss of the services of his wife, Emma Mason, and expenses attending her attempted cure, on account of personal injuries received by the wife about the 5th of November, 1879, from the railway company while the latter was walking across the railway bridge over Jersey creek, in the city of Wyandotte.

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Error from Wyandotte District Court. Action brought by Mason against the Missouri Pacific Railway Company, for damages sustained by him in the loss of the services of his wife, Emma Mason, and expenses attending her attempted cure, on account of personal injuries received by the wife about the 5th of November, 1879, from the railway company while the latter was walking across the railway bridge over Jersey creek, in the city of Wyandotte. Trial at the April Term, 1881, of the district court. The jury returned a verdict for the defendant company, and with such verdict also, the following…

1Opinion of the Court

The opinion of the court was delivered by

Horton, G. J.:

*861 Gross negugence; rule.'. *85Several objections are made by the plaintiff to the rulings of the court in rejecting evidence offered at the trial, and several exceptions are taken to the refusal of the court to give the special instructions asked for by plaintiff, as also to several of the instructions given "to the jury. In view of the character of the special findings of fact returned by the jury, it is unnecessary to note only those matters of evidence and those instructions that affect the conduct of plaintiff’s wife. The jury found that…

2Cases cited1 opinion

  1. U. P. R. W. Co. v. RollinsSupreme Court of Kansas · 1869

3Cited by19 opinions

  1. Palmer v. Chicago, St. Louis & Pittsburgh RailroadIndiana Supreme Court · 1887
  2. Felton v. AubreyCourt of Appeals for the Sixth Circuit · 1896
  3. Bunton v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1917
  4. Kansas Pacific Railway Co. v. Whipple ex rel. WhippleSupreme Court of Kansas · 1888
  5. Toomey v. Southern Pacific RailroadCalifornia Supreme Court · 1890

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