Legal Opinion

St. Louis & San Francisco Railroad v. Justice

Supreme Court of Kansas

Decided April 10, 1909No. 15,954PublishedCited by 22 opinions

Appeal from Johnson district court; Winfield H. Sheldon, judge. STATEMENT. This action was commenced in the district court of Johnson county, by Charles R. Justice, to recover damages for injuries received while in the employment of the St. Louis &• San Francisco Railroad Company. The injuries were sustained February 8, 1907. This action was commenced September 21, 1907. Mr. Justice was employed as a section-hand, under a foreman by the name of George Nelson.

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Appeal from Johnson district court; Winfield H. Sheldon, judge. STATEMENT. This action was commenced in the district court of Johnson county, by Charles R. Justice, to recover damages for injuries received while in the employment of the St. Louis &• San Francisco Railroad Company. The injuries were sustained February 8, 1907. This action was commenced September 21, 1907. Mr. Justice was employed as a section-hand, under a foreman by the name of George Nelson. The section upon which he was employed extended from Olathe south about six miles. On the morning of February 8 the foreman, with a…

1Opinion of the Court

The opinion of the court was delivered by

GRAVES, J.:

It is claimed by the defendant that the ■ district court erred in refusing to sustain the demurrer to the petition, in overruling the demurrer to *19plaintiff’s evidence, and in refusing the instructions requested. These claims of error are founded upon the theory that neither the facts alleged in the petition nor those shown by the evidence are sufficient to constitute a cause of action in favor of the plaintiff and against the defendant. They may, therefore, all be considered together.

The plaintiff was seriously injured. The amount of the…

2Cases cited4 opinions

  1. Missouri Pacific Railway Co. v. ColumbiaSupreme Court of Kansas · 1902
  2. Goodlander Mill Co. v. Standard Oil Co.Court of Appeals for the Seventh Circuit · 1894
  3. Home Oil & Gas Co. v. DabneySupreme Court of Kansas · 1909
  4. Consolidated Electric Light & Power Co. v. KoeppSupreme Court of Kansas · 1902

3Cited by22 opinions

  1. Rowell v. City of WichitaSupreme Court of Kansas · 1947
  2. Noel Ex Rel. Noel v. Menninger FoundationSupreme Court of Kansas · 1954
  3. Clark v. E. I. du Pont de Nemours Powder Co.Supreme Court of Kansas · 1915
  4. Hickert v. WrightSupreme Court of Kansas · 1957
  5. Eldredge v. SargentSupreme Court of Kansas · 1939

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