Legal Opinion

Condiff v. Kansas City, Fort Scott & Gulf Railroad

Supreme Court of Kansas

Decided January 15, 1891PublishedCited by 15 opinions

Error from Bourbon District Court. ON the 6th day of September, 1887, James S. Condiff, as administrator of the estate of C. W. Condiff, deceased, brought his action against The Kansas City, Fort Scott & Gulf Railroad Company to recover $10,000 damages for injuries received by Charles W. Condiff on the 3d day of November, 1885, from which injuries he died soon after.

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Error from Bourbon District Court. ON the 6th day of September, 1887, James S. Condiff, as administrator of the estate of C. W. Condiff, deceased, brought his action against The Kansas City, Fort Scott & Gulf Railroad Company to recover $10,000 damages for injuries received by Charles W. Condiff on the 3d day of November, 1885, from which injuries he died soon after. The railroad company filed an answer, denying generally the allegations of the petition, and' also alleging “that if the intestate of the plaintiff was injured by defendant, the negligence of said intestate directly and…

1Opinion of the Court

The opinion of the court was delivered by

HortoN, C. J.:

Charles W. Condiff, deceased, was, on November 3, 1885, a section foreman on the line of the Kansas City, Fort Scott & Gulf Railroad. He had charge of a crew of five hands working section No. 32, between the villages of Arcadia and Mulberry, in Crawford county. The latter village was the headquarters of the foreman and crew, and the point from which they all started on the day named, on a hand-car, at seven o’clock a. ur., to work on the track at the mouth of the cut where they had been engaged the day before. Besides the six men on the…

2Cases cited1 opinion

  1. Eckert v. . the Long Island Railroad Co.New York Court of Appeals · 1871

3Cited by15 opinions

  1. Chattanooga Light & Power Co. v. HodgesTennessee Supreme Court · 1902
  2. Maryland Steel Co. v. MarneyCourt of Appeals of Maryland · 1898
  3. Dixon v. New York, New Haven, & Hartford RailroadMassachusetts Supreme Judicial Court · 1910
  4. Kambour v. Boston & Maine RailroadSupreme Court of New Hampshire · 1913
  5. Bond v. Baltimore & Ohio RailroadWest Virginia Supreme Court · 1918

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