Legal Opinion
Nicholas v. Topeka Railway Co.
Supreme Court of Kansas
Decided February 12, 1916No. 19,711Published
opinion denying rehearing. Appeal from Shawnee district court, division No. 1; Alston W. Dana, judge.
1Opinion of the Court
The opinion of the court was delivered by
Marshall, J.:
The plaintiff files a petition for rehearing. The opinion (Nicholas v. Street Railway Co., 96 Kan. 699, 153 Pac. 506) cites notes in 52 L. R. A. 448 and 15 L. R. A., n. s., 840, and says:
“A logical deduction from the cases there collated is that where the defect in the street is caused by .the city as an active agency, and over which the railway company has no control and with which it has no right to interfere, the company is not liable for injuries caused by that defect.” (p. 702.) ■ '
Each case cited in these notes on the liability of a…
2Cases cited5 opinions
- Citizens Pass. Ry. Co. v. KetchamSupreme Court of Pennsylvania · 1888
- Campbell v. Frankford Etc. Ry. Co.Supreme Court of Pennsylvania · 1891
- Nicholas v. Topeka Railway Co.Supreme Court of Kansas · 1915
- Silberstein v. Houston, West Street & Pavonia Ferry RailroadNew York Court of Appeals · 1889
- Egan v. Forty-Second Street, Manhattanville & St. Nicholas Avenue RailroadThe Superior Court of the City of New York and Buffalo · 1888