Legal Opinion

Kansas Pacific Railway Co. v. Peavey

Supreme Court of Kansas

Decided July 15, 1885PublishedCited by 25 opinions

Error from Wyandotte District Court. This case bas once before been in this court, and will be found reported in 29 Kansas, 169, and 11 American & English Kailroad Cases, 260, where the pleadings as they then were are set out in full. When the case was formerly here the judgment of the lower court was reversed, and the cause remanded for a new trial.

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Error from Wyandotte District Court. This case bas once before been in this court, and will be found reported in 29 Kansas, 169, and 11 American & English Kailroad Cases, 260, where the pleadings as they then were are set out in full. When the case was formerly here the judgment of the lower court was reversed, and the cause remanded for a new trial. On its return to the court below the defendant, with leave of the court, amended its answer as follows: “And this defendant, for further answer and by way of amendment, and in lieu of the second paragraph of its answer, says that the plaintiff…

1Opinion of the Court

The opinion of the court was delivered by

Valentine, J.:

This was an action brought in the district court of Wyandotte county by Joseph Peavey against the Kansas Pacific Railway Company, to recover damages for an alleged injury to the plaintiff, claimed to have been caused by the negligence of John Ellis, a switch engineer in the employment of the defendant. It appears from the record that on August 23, 1879, V. S. Lucas was the yard-master at the defendant’s car repair yards at Armstrong, Kansas; that the plaintiff and Abram Myers were yardmen, brakemen and switchmen at that place; that John…

2Cases cited4 opinions

  1. Laning v. . N.Y.C.R.R. Co.New York Court of Appeals · 1872
  2. Kansas Pacific Railway Co. v. PeaveySupreme Court of Kansas · 1883
  3. Kroy v. Chicago, R. I. & P. R. R.Supreme Court of Iowa · 1871
  4. McQueen v. Central Branch Union Pacific RailroadSupreme Court of Kansas · 1883

3Cited by25 opinions

  1. Terry Neustrom v. Union Pacific Railroad Company, Defendant-Third-Party v. Asplundh Tree Expert Company, Third-PartyCourt of Appeals for the Third Circuit · 1998
  2. Caspar v. LewinSupreme Court of Kansas · 1910
  3. Choctaw, O. G. R. Co. v. BurgessSupreme Court of Oklahoma · 1908
  4. Corley v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1913
  5. Kansas City, Mexico & Orient Railway Co. v. LoosleySupreme Court of Kansas · 1907

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