Kirtley v. Chicago, M. & St. P. Ry. Co.
U.S. Circuit Court for the District of Western Missouri
Action by Lulu Kirtley and others against the Chicago, Milwaukee & St. Paul Railway Company. Plaintiffs sue for the death of their father. lie was killed while walking on one of the defendant’s double tracks within the city of Kansas, by a single engine, moving with the tender forward.
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Action by Lulu Kirtley and others against the Chicago, Milwaukee & St. Paul Railway Company. Plaintiffs sue for the death of their father. lie was killed while walking on one of the defendant’s double tracks within the city of Kansas, by a single engine, moving with the tender forward. The accident occurred on a fail-day, between 9 and 10 o’clock in the morning, ata place whore the deceased had an unobstructed view, both before and behind him, of more than a thousand feet along the track. He was walking westward, and on 1he north one of The two tracks. The north track was used by trains going…
1Opinion of the CourtPriest, District Judge
(after stating the facts). This case, in its every essential feature, so closely resembles that of Railway Co. v. Moseley, 6 C. C. A. 641, 57 Fed. 921, that it is quite sufficient, for the justification of the action of the court in giving the peremptory direction to the jury, to refer alone to that case; hut counsel contend that there is a charge in the petition here which was not. made in the one in that case, and an element present here not no (iced there. We think counsel in this is mistaken. The facts upon which counsel seek to distinguish this case from that were; present there as…
2Cases cited7 opinions
- Harlan v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1877
- Missouri Pac. Ry. Co v. MoseleyCourt of Appeals for the Eighth Circuit · 1893
- O'Brien v. McGlinchySupreme Judicial Court of Maine · 1878
- Huelsenkamp v. Citizens' Railway Co.Supreme Court of Missouri · 1866
- Manly v. Wilmington & Weldon RailroadSupreme Court of North Carolina · 1876
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Mosso v. E. H. Stanton Co.Washington Supreme Court · 1913
- Green v. Los Angeles Terminal Railway Co.California Supreme Court · 1904
- Dull v. Cleveland, Cincinnati, Chicago & St. Louis Railway Co.Indiana Court of Appeals · 1899
- Oklahoma City Ry. Co. v. BarkettSupreme Court of Oklahoma · 1911
- Thrasher v. St. Louis & S. F. R. Co.Supreme Court of Oklahoma · 1921
3 more not listed; retrieve them via the Exa API.