Swisher v. Atchison, Topeka & Santa Fe Railway Co.
Supreme Court of Kansas
Error from Dickinson district court; OSCAR L. MOORE, judge. STATEMENT. ON May 2, 1905, John W. Swisher was killed in New Mexico by the explosion of a locomotive engine, while he was engaged as fireman thereon for the Atchison, .Topeka & Santa Fe Railway Company. The deceased was twenty-four years of age, and unmarried.' His parents, who resided in Abilene, Dickinson county, Kansas, were his only surviving heirs at law and next of kin.
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Error from Dickinson district court; OSCAR L. MOORE, judge. STATEMENT. ON May 2, 1905, John W. Swisher was killed in New Mexico by the explosion of a locomotive engine, while he was engaged as fireman thereon for the Atchison, .Topeka & Santa Fe Railway Company. The deceased was twenty-four years of age, and unmarried.' His parents, who resided in Abilene, Dickinson county, Kansas, were his only surviving heirs at law and next of kin. Isaiah Swisher, father of the deceased, was duly appointed administrator of the estate of John W. Swisher, in Dickinson county, Kansas, and commenced this…
1Opinion of the Court
The opinion of the .court was delivered by
Graves, J.:
The position of the plaintiff is that by the death of John W. Swisher a cause of action arose under the laws of New Mexico in favor of the surviving parents of the deceased; that this cause of action was complete in itself, and depended solely upon the *100fact that John W. Swisher lost his life by the negligent act of the defendant. It is further claimed that this cause of action should be regarded as a right which may be enforced in New Mexico or elsewhere, the same as the collection of a valid unpaid promissory note which the deceased might…
2Cases cited4 opinions
- Rodman v. Missouri Pacific Railway Co.Supreme Court of Kansas · 1902
- Negaubauer v. Great Northern Railway Co.Supreme Court of Minnesota · 1904
- Dennis v. Atlantic Coast Line R. R.Supreme Court of South Carolina · 1904
- Poff v. New England Telephone & Telegraph Co.Supreme Court of New Hampshire · 1903
3Cited by10 opinions
- Reading Co. v. KoonsSupreme Court of the United States · 1926
- Lough v. State Industrial Accident CommissionOregon Supreme Court · 1922
- Rochester v. Wells, Fargo & Co.Supreme Court of Kansas · 1912
- Bowles v. PortelanceSupreme Court of Kansas · 1937
- Atchison, Topeka & Santa Fe Railway Co. v. MillsCourt of Appeals of Texas · 1909
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