Limekiller v. Hannibal & St. Joseph Railroad
Supreme Court of Kansas
Error from Atchison District Court. ACTION brought by Johanna Limekiller, as administratrix of the estate of Frederick Limekiller, deceased, against the JIannibal & St. Joseph Railroad Company, to recover $10,000’ damages, alleged to have resulted from the gross and wanton negligence of the railroad company in running one of its locomotives and trains upon and against the said Frederick Lime-killer, in Wyandotte county, in this state, on May 27, 1881, thereby wrongfully…
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Error from Atchison District Court. ACTION brought by Johanna Limekiller, as administratrix of the estate of Frederick Limekiller, deceased, against the JIannibal & St. Joseph Railroad Company, to recover $10,000’ damages, alleged to have resulted from the gross and wanton negligence of the railroad company in running one of its locomotives and trains upon and against the said Frederick Lime-killer, in Wyandotte county, in this state, on May 27, 1881, thereby wrongfully causing the death of the said Limekiller. The amended petition was filed March 26, 1883. On May 4, 1883, the railroad…
1Opinion of the Court
*88The opinion of the court was delivered by
HortoN, C. J.:
Although the record in this case is an extensive one — embracing seventy printed pages —it is necessary for us to refer only to the ruling of the district court upon the plaintiff’s demurrer to the fourth defense set up in the amended answer of the railroad company. This, in our view, is decisive of the case. The plaintiff is the administratrix of the estate of the deceased under appointment from the probate court of Platte county, in the state of Missouri. She is an officer of the law of the state of her appointment, and therefore her…
2Cases cited5 opinions
- McCarthy v. Chicago, Rock Island & Pacific RailroadSupreme Court of Kansas · 1877
- Perry v. Saint Joseph & Western RailroadSupreme Court of Kansas · 1883
- City of Atchison v. TwineSupreme Court of Kansas · 1872
- Collamore v. WilderSupreme Court of Kansas · 1877
- Kansas Pacific Rly. Co. v. CutterSupreme Court of Kansas · 1876
3Cited by14 opinions
- Atchison, Topeka & Santa Fe Railway Co. v. FajardoSupreme Court of Kansas · 1906
- Alabama Great Southern Railroad v. CarrollSupreme Court of Alabama · 1892
- Hulbert v. City of TopekaUnited States Circuit Court · 1888
- Watson v. BonfilsCourt of Appeals for the Eighth Circuit · 1902
- Dale v. Atchison, Topeka & Santa Fe RailroadSupreme Court of Kansas · 1897
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