Carrier v. Union Pacific Railway Co.
Supreme Court of Kansas
Error from Saline district court; R. F. Thompson, judge. STATEMENT. This was an action for personal injuries brought by the plaintiff in error against the railway company. Particular questions of fact were submitted to the jury. They returned answers to the same, together with a general verdict, in favor of the defendant below.
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Error from Saline district court; R. F. Thompson, judge. STATEMENT. This was an action for personal injuries brought by the plaintiff in error against the railway company. Particular questions of fact were submitted to the jury. They returned answers to the same, together with a general verdict, in favor of the defendant below. The facts of the case found by the jury are, in substance, as follows: The crew in charge of the train consisted of an engineer, fireman, conductor, and brakeman. Carrier was the brakeman. When the train, which was a south-bound one, reached Delphos, the rear part of…
1Opinion of the Court
The opinion of the court was delivered by
Smith, J. :
Complaint is made that the trial court erred in refusing to permit the plaintiff below, in rebuttal of testimony introduced by the railway company, to show that the manner in which Carrier was working about the cars while in motion was a customary method among employees of the company, of *451which the latter had notice. Under the circumstances, the act of plaintiff in error in stepping between the rails in front of a moving car was manifestly negligent. He knew the surroundings. There were several inches of snow on the ground. While the train…
2Cases cited15 opinions
- G., C. & Santa Fe R'y Co. v. EvansichTexas Supreme Court · 1884
- Louisville & Nashville Railroad v. OrrSupreme Court of Alabama · 1890
- Chicago, Rock Island & Pacific Railway Co. v. ClarkIllinois Supreme Court · 1883
- Mobile & Birmingham Railway Co. v. HolbornSupreme Court of Alabama · 1887
- Chicago & N. W. Ry. Co. v. DavisCourt of Appeals for the Eighth Circuit · 1892
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3Cited by13 opinions
- Kleppe v. PrawlSupreme Court of Kansas · 1957
- Stevens v. Allis-Chalmers Manufacturing Co.Supreme Court of Kansas · 1940
- McCabe v. Montana Central Railway Co.Montana Supreme Court · 1904
- Mechtley v. PriceSupreme Court of Kansas · 1975
- Brinkmeier v. Missouri Pacific Railway Co.Supreme Court of Kansas · 1904
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