Missouri, Kansas & Texas Railway Co. v. Merrill
Supreme Court of Kansas
Error from Wyandotte court of common pleas; William G. Holt, judge. STATEMENT. Dependant in error L. T. Merrill, who was plaintiff in the court below, recovered a judgment against the Kansas City Suburban Belt Railroad Company and the Missouri, Kansas & Texas Railway Company for personal injuries sustained by him in attempting to pass from a flat or coal-car to a box car in the yards of the Chicago Great Western Railway Company in Kansas City, Kan.
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Error from Wyandotte court of common pleas; William G. Holt, judge. STATEMENT. Dependant in error L. T. Merrill, who was plaintiff in the court below, recovered a judgment against the Kansas City Suburban Belt Railroad Company and the Missouri, Kansas & Texas Railway Company for personal injuries sustained by him in attempting to pass from a flat or coal-car to a box car in the yards of the Chicago Great Western Railway Company in Kansas City, Kan. He was a switchman in the employ of the latter company. The flat car belonged to the Missouri, Kansas & Texas Railway Company. It was loaded with…
1Opinion of the Court
The opinion of the court was delivered by
Smith, J.:
The question for consideration is whether a railway company which delivers a defective car to a connecting carrier is liable for injuries sustained by an employee of the latter by reason of such defect, after the receiving company has inspected the car and taken it in charge for transportation over its line. In a former decision of this case, it was held to be within the contemplation of the first carrier that the car would be delivered to 'another for transportation, and it was also known that connecting carriers employ switchmen to handle…
2Cases cited19 opinions
- Ellison v. Georgia RailroadSupreme Court of Georgia · 1891
- Texas & Pacific Railway Co. v. ArchibaldSupreme Court of the United States · 1898
- Clifford v. Atlantic Cotton MillsMassachusetts Supreme Judicial Court · 1888
- Losee v. . CluteNew York Court of Appeals · 1873
- Heizer v. Kingsland & Douglass Manufacturing Co.Supreme Court of Missouri · 1892
14 more not listed; retrieve them via the Exa API.
3Cited by44 opinions
- Union Stock Yards Co. v. Chicago, Burlington & Quincy RailroadSupreme Court of the United States · 1905
- Louisville & Nashville Railroad v. ChattersSupreme Court of the United States · 1929
- Johnson v. Cadillac Motor Car Co.Court of Appeals for the Second Circuit · 1919
- Gohman v. City of St. BernardOhio Supreme Court · 1924
- State v. CollierSupreme Court of Kansas · 1998
39 more not listed; retrieve them via the Exa API.