Union Pacific Railway Co. v. Milliken
Supreme Court of Kansas
Error from Lea/oenworth Disi/riet Cowrt. Miluken brought his action to recover damages for the loss of his right hand. He was in the employ of the Railway Compamy as watchman and yardman at Ellsworth, and a part of his duty was to assist in making up trains at that point. While engaged in coupling cars, and in the line of his duty, in March 1868, a train moved violently, and without any warning against one of the two cars plaintiff was about coupling together.
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Error from Lea/oenworth Disi/riet Cowrt. Miluken brought his action to recover damages for the loss of his right hand. He was in the employ of the Railway Compamy as watchman and yardman at Ellsworth, and a part of his duty was to assist in making up trains at that point. While engaged in coupling cars, and in the line of his duty, in March 1868, a train moved violently, and without any warning against one of the two cars plaintiff was about coupling together. His hand was caught between the draw-heads of the cars, and so crushed that amputation was necessary, and shortly after it was…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
*649i. corporation; negligence; action for damages by employee. *648This was-an action for injuries sustained by defendant in error while in the employ of the plaintiff in error, through the alleged negligence of a co-employee. At *649tlie time of tlie injury defendant in error was engaged in coupling cars, and while thus engaged his hand was caught between the bumpers and crushed so that amputation became necessary. He claimed that the injury was caused by the negligence of the engineer in hacking without a signal. In the course of his charge to the…
2Cases cited6 opinions
- Barbaroux v. BarkerCourt of Appeals of Kentucky · 1862
- Mad River & Lake Erie Railroad v. BarberOhio Supreme Court · 1856
- Columbus & Indianapolis Central Railway Co. v. ArnoldIndiana Supreme Court · 1869
- Backus v. ClarkSupreme Court of Kansas · 1863
- Horne v. StateSupreme Court of Kansas · 1862
1 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Kansas Malpractice Victims Coalition v. BellSupreme Court of Kansas · 1988
- Domann v. PenceSupreme Court of Kansas · 1958
- Burdict v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1894
- Choctaw, O. G. R. Co. v. BurgessSupreme Court of Oklahoma · 1908
- Kansas Pacific Railway Co. v. PeaveySupreme Court of Kansas · 1883
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