Weber v. Atchison, Topeka & Santa Fé Railroad
Supreme Court of Kansas
Error from Cowley District Covert. The plaintiffs, who are the next of kin to Myrtle G. Weber, deceased, brought this action to recover the damages suffered by them in the death of Myrtle G. Weber, caused, as they allege, by the wrongful act and neglect of the railroad company.
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Error from Cowley District Covert. The plaintiffs, who are the next of kin to Myrtle G. Weber, deceased, brought this action to recover the damages suffered by them in the death of Myrtle G. Weber, caused, as they allege, by the wrongful act and neglect of the railroad company. The petition, after alleging the corporate character of the defendant, and that it owned and operated a certain railroad, states: “That on the 17th day of March, 1889, these plaintiffs were the parents and next of kin of one Myrtle G. Weber, an infant of the age of 16 years, then residing with said plaintiffs at the…
1Opinion of the Court
The opinion of the court was delivered by
Johnston, J.:
1. arermmte sioií-Sbírai mteipreta It is an unusual practice to dispose of a case upon the petition and meager statements such as were made by counsel for the plaintiffs. It seems that the court was proceeding to determine the sufficiency of the petition upon objection to the admission of any testimony, and was inclined to hold that its averments showed contributory negligence on the part of the deceased, under the rule in the case of Howard v. K. C. Ft. S. & G. Rld. Co , 41 Kas. 403, when a colloquy ensued between court and counsel for…
2Cases cited1 opinion
- Howard v. Kansas City, Fort Scott & Gulf RailroadSupreme Court of Kansas · 1889
3Cited by6 opinions
- Rezac v. ZimaSupreme Court of Kansas · 1915
- Moffatt v. FoutsSupreme Court of Kansas · 1916
- St. Louis & San Francisco Railway Co. v. DawsonSupreme Court of Kansas · 1902
- Texas & New Orleans Railroad v. McLeodCourt of Appeals of Texas · 1910
- Atlantic Coast Line Railroad Co. v. DicksonCourt of Appeals of Georgia · 1944
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