Wichita & Western Railroad v. Davis
Supreme Court of Kansas
Error from. Sedgwick District Court. The defendant in error, plaintiff below, brought this action against the plaintiff in error in the district court of Sedgwick county.
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Error from. Sedgwick District Court. The defendant in error, plaintiff below, brought this action against the plaintiff in error in the district court of Sedgwick county. The record discloses the following facts: That the plaintiff was a farmer, about sixty years of age, and resided about two miles east of Wichita; that on the 26th day of December, 1883, he had been to the city, and on returning home passed out east on Oak street, which crosses the railroad track of the defendant one block south of the union depot; that on the south side of Oak street, sixty-four feet west of the track, is a…
1Opinion of the Court
Opinion by
Clogston, C.:
Upon this record the plaintiff in error raised but two questions, but as they are substantially one in fact we shall discuss them as one, and that is, did the injury occur by the contributory negligence of the defendant? The plaintiff in error now contends that on the facts found by *747the jury it was error not to direct the jury to return a verdict for the defendant, plaintiff in error. Upon this theory it requested the court to instruct the jury as follows:
“ I instruct you that if the plaintiff, before driving upon the track of the defendant at which the injury…
2Cases cited9 opinions
- Railroad Co. v. HechtSupreme Court of the United States · 1877
- Union Pacific Railway Co. v. AdamsSupreme Court of Kansas · 1885
- Leavenworth, Lawrence & Galveston Railroad v. RiceSupreme Court of Kansas · 1872
- Greenleaf v. Dubuque & Sioux City RailroadSupreme Court of Iowa · 1871
- Clark v. Missouri Pacific Railway Co.Supreme Court of Kansas · 1886
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3Cited by11 opinions
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- Coleman v. Norfolk & Western Railway Co.West Virginia Supreme Court · 1926
- Granados v. WilsonSupreme Court of Kansas · 2023
- Stoll v. Pacific Coast S. S. Co.District Court, W.D. Washington · 1913
- Atchison, Topeka & Santa Fé Railroad v. PriestSupreme Court of Kansas · 1892
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