Missouri Pacific Railway Co. v. Moffatt
Supreme Court of Kansas
Error from Wyandotte District Court. Action by Eliza M. Moffatt and others against The Missouri Pacific Railway Company. Judgment for plaintiffs. Defendant brings the case to this court. The opinion herein, filed April 11, 1896, states the nature of the action and the material facts.
1Opinion of the Court
The opinion of the court was delivered by
Johnston, J.: On the morning of October 23, 1890, Andrew C. Moffatt was in a wagon driving a team of horses along a highway in Wyandotte county, and, at an intersection of the highway with the Missouri Pacific railway, he was struck and fatally injured by the locomotive of a passenger-train. It was a regular train, which was about on time, running at the usual rate of speed, and the engineer and fireman in charge were in their proper places. They had sounded the whistle for the crossing at a point 80 rods away, and about the same place the bell was…
2Cases cited2 opinions
- Atchison Topeka & Santa Fé Railroad v. HagueSupreme Court of Kansas · 1894
- Berry v. Kansas CitySupreme Court of Kansas · 1894
3Cited by17 opinions
- Russell v. Oregon R. & N. Co.Oregon Supreme Court · 1909
- Missouri Pacific Railway Co. v. MoffattSupreme Court of Kansas · 1899
- State v. AsbellSupreme Court of Kansas · 1896
- St. Louis-San Francisco Ry. Co. v. RundellSupreme Court of Oklahoma · 1925
- Missouri, K. & T. R. Co. v. StantonSupreme Court of Oklahoma · 1920
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