Legal Opinion

Topeka City Railway Co. v. Higgs

Supreme Court of Kansas

Decided January 15, 1888PublishedCited by 30 opinions

Error from Shawnee District Court. Action by Higgs against the Topeka City Railway Company, to recover damages for bodily injuries received on October 1, 1885, while plaintiff was a passenger on one of the defendant’s cars.

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Error from Shawnee District Court. Action by Higgs against the Topeka City Railway Company, to recover damages for bodily injuries received on October 1, 1885, while plaintiff was a passenger on one of the defendant’s cars. Trial by a jury, at the April Term, 1886. Among the instructions given the jury, are the following: “3. Carriers of passengers are bound to exercise all possible skill, foresight and care in the running of their cars, so that passengers may not be exposed to danger on account of the manner in which the cars are run. “4. If plaintiff got upon defendant’s car in company with…

1Opinion of the Court

Opinion by

Simpson, C.:

The defendant in error was a passenger on one of the open cars of the street railway company on the evening of October 1, 1885, at a time when there was a vast concourse of people in the city of Topeka, drawn together by a sham battle on the fair grounds during a soldiers’ reunion. The car upon which the defendant in error was riding was going north from the fair grounds along a street known as Topeka avenue. On this street, and between Huntoon and Thirteenth streets, is located alongside of the main track of the street railway, and to the east of it, a switch track, 217…

2Cases cited6 opinions

  1. Philadelphia & Reading Railroad v. DerbySupreme Court of the United States · 1853
  2. Maguire v. Middlesex RailroadMassachusetts Supreme Judicial Court · 1874
  3. Nolan v. . Brooklyn City Newtown R.R. Co.New York Court of Appeals · 1881
  4. Tuller v. TalbotIllinois Supreme Court · 1860
  5. Burns v. Bellefontaine Railway Co.Supreme Court of Missouri · 1872

1 more not listed; retrieve them via the Exa API.

3Cited by30 opinions

  1. Nick Rhoades v. State of IowaSupreme Court of Iowa · 2014
  2. Wood v. North Carolina Public-Service Corp.Supreme Court of North Carolina · 1917
  3. Sears v. Seattle Consolidated Street Railway Co.Washington Supreme Court · 1893
  4. Richmond City Railway Co. v. ScottSupreme Court of Virginia · 1890
  5. Montgomery Street Railway Co. v. MasonSupreme Court of Alabama · 1901

25 more not listed; retrieve them via the Exa API.

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