Chicago, Rock Island & Pacific Railway Co. v. Hansen
Supreme Court of Kansas
Error from Smith district court; Richard M. Pickler, judge. STATEMENT. On the evening of March 4, 1904, C. Hansen, while attempting to cross the Chicago, Rock Island & Pacific railroad at a road-crossing about five miles west and south of Smith Center, was killed, and his administrator commenced this action in the district court of Smith county to recover damages sustained by the next of kin on account of such death.
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Error from Smith district court; Richard M. Pickler, judge. STATEMENT. On the evening of March 4, 1904, C. Hansen, while attempting to cross the Chicago, Rock Island & Pacific railroad at a road-crossing about five miles west and south of Smith Center, was killed, and his administrator commenced this action in the district court of Smith county to recover damages sustained by the next of kin on account of such death. The deceased was a farmer, residing near Cedarville, in Smith county. He had been at Smith Center in a lumber-wagon drawn by a team of horses, and was returning home. The public…
1Opinion of the Court
The opinion of the court was delivered by
Graves, J.:
Several assignments of error have been presented, but they are all based upon the idea that the: evidence and findings of the jury conclusively show-contributory negligence on the part of the deceased. It is urged that if Hansen, when at the crest of the-hill, had looked toward the southeast, which he could easily have done, the headlight of the train would have-been seen by him, and being thus warned he would not. have attempted to cross the track, in which case no accident would have occurred. It is assumed in this conclusion that the…
2Cases cited10 opinions
- Cincinnati, Indianapolis, St. Louis & Chicago Railway Co. v. HowardIndiana Supreme Court · 1890
- Union Pacific Railway Co. v. AdamsSupreme Court of Kansas · 1885
- Leavenworth, Lawrence & Galveston Railroad v. RiceSupreme Court of Kansas · 1872
- Chicago, Rock Island & Pacific Railway Co. v. HindsSupreme Court of Kansas · 1896
- Clark v. Missouri Pacific Railway Co.Supreme Court of Kansas · 1886
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3Cited by5 opinions
- Darling v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1907
- Clark v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1928
- Conn v. Oregon Electric Ry. Co.Oregon Supreme Court · 1930
- Grimes v. St. Louis-San Francisco Railway Co.Supreme Court of Missouri · 1937
- Shirley v. Kansas City Southern Railway Co.Missouri Court of Appeals · 1927