Missouri, Kansas & Texas Railway Co. v. Merrill
Supreme Court of Kansas
Error from Wyandotte court of common pleas; W. G. Holt, judge. STATEMENT. This was an action to recover damages for personal injuries, brought by L. T. Merrill. Briefly stated, the facts are as follows : At the time of the injury he was in the employ of the Chicago Great Western Railway Company in the capacity of switchman. A coal-car was loaded with iron pipe by the Missouri, Kansas & Texas Railway Company in St. Louis for shipment to St. Joseph, Mo.
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Error from Wyandotte court of common pleas; W. G. Holt, judge. STATEMENT. This was an action to recover damages for personal injuries, brought by L. T. Merrill. Briefly stated, the facts are as follows : At the time of the injury he was in the employ of the Chicago Great Western Railway Company in the capacity of switchman. A coal-car was loaded with iron pipe by the Missouri, Kansas & Texas Railway Company in St. Louis for shipment to St. Joseph, Mo. There were sideboards and end-gates on the car a little more than three feet high. The sideboards were stationary, but the end-gates were…
1Opinion of the Court
The opinion of the court was delivered by
Smith, J. :
Plaintiffs in error deny the right of plaintiff below to recover at all under the petition. *675It is insisted that, if entitled to damages, he must look to the Chicago Great Western Railway Company, by which he was employed at the time of the accident.
We cannot agree with them in the position taken. When the iron pipe was received by the Missouri, Kansas & Texas company at St. Louis as freight for transportation to St. Joseph, Mo., it was contemplated that the car in which it was loaded should be delivered at Kansas City to a connecting…
2Cases cited26 opinions
- Ferguson v. . HubbellNew York Court of Appeals · 1884
- Michigan Central R. R. Co. v. SmithsonMichigan Supreme Court · 1881
- Moon v. Northern Pacific RailroadSupreme Court of Minnesota · 1891
- Kansas Pacific Railway Co. v. PeaveySupreme Court of Kansas · 1883
- City of Kansas City v. SlangstromSupreme Court of Kansas · 1894
21 more not listed; retrieve them via the Exa API.
3Cited by25 opinions
- McNamara v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1909
- Missouri, Kansas & Texas Railway Co. v. MerrillSupreme Court of Kansas · 1902
- Goar v. Village of StephenSupreme Court of Minnesota · 1923
- Roberts v. Southern Pacific Co.California Court of Appeal · 1921
- Duncan v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1911
20 more not listed; retrieve them via the Exa API.