Walker v. Brantner
Supreme Court of Kansas
Error from Crawford District Court. J. S. West, Judge. In a collision with a train on the St. Louis & San Francisco Railway, at a point where the two roads cross, C. F. Brantner, a locomotive engineer, while operating an engine on the Kansas City, Fort Scott and Memphis Railroad at Cherry vale, received injuries from which he afterward died.
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Error from Crawford District Court. J. S. West, Judge. In a collision with a train on the St. Louis & San Francisco Railway, at a point where the two roads cross, C. F. Brantner, a locomotive engineer, while operating an engine on the Kansas City, Fort Scott and Memphis Railroad at Cherry vale, received injuries from which he afterward died. This action was brought by his widow against the receivers of the St. Louis & San Francisco Railway Company to recover damages for negligently causing the death of her husband. The plaintiff recovered a judgment for $8500, and the receivers bring the case…
1Opinion of the CourtAllen, J.
„ „ „„ v\ewawe\is to" Uets' It is earnestly insisted on behalf of the plaintiffs in error that no recovery can be sustained under the facts shown by the record in this case. No claim is made that there was not a sufficient showing of negligence on the part of the engineer and other employees in charge of the Frisco train. That they might have seen the Memphis train approaching the crossing as the Frisco train came out from behind the depot is clear and beyond dispute. The Memphis train, consisting of an engine and fourteen cars, was more than five hundred feet long, and the caboose must at…
2Cases cited3 opinions
- Johnston v. Oregon Short Line Ry. Co.Oregon Supreme Court · 1892
- Louisville, Evansville & St. Louis Railroad v. BerryIndiana Court of Appeals · 1891
- Lax v. Forty Second & Grand St. Ferry RailroadThe Superior Court of New York City · 1880
3Cited by15 opinions
- Middle Tennessee R. v. McMillanTennessee Supreme Court · 1915
- Peterson v. Pittsburg Silver Peak Gold Mining Co.Nevada Supreme Court · 1914
- Acosta v. CrespoSupreme Court of Puerto Rico · 1949
- Neely v. Kansas City Public Service Co.Missouri Court of Appeals · 1952
- Kwiatkowski v. John Lowry, Inc.New York Court of Appeals · 1937
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