St. Louis & San Francisco Railroad v. Burrows
Supreme Court of Kansas
Error from Cherokee district court; A. H. Skid-more, judge. STATEMENT. In his petition in the court below plaintiff alleged the following facts, in substance : That on the 28th day of February, 1898, he purchased a ticket for first-class passage over defendant’s railroad from Hallo-well, Kan., to Columbus, Kan.; that, while riding on a freight-train upon its regular run, and on which it was the custom and habit to carry passengers, he was. injured by reason of the negligence…
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Error from Cherokee district court; A. H. Skid-more, judge. STATEMENT. In his petition in the court below plaintiff alleged the following facts, in substance : That on the 28th day of February, 1898, he purchased a ticket for first-class passage over defendant’s railroad from Hallo-well, Kan., to Columbus, Kan.; that, while riding on a freight-train upon its regular run, and on which it was the custom and habit to carry passengers, he was. injured by reason of the negligence of defendant, its agents and employees ; that the train, while traveling at the rate of from ten to fifteen miles per…
1Opinion of the Court
The opinion of the court was delivered by
Smith, J.:
Plaintiff in error earnestly contends that the trial court erred in overruling its demurrer to the evidence for the reason that the testimony introduced by plaintiff below raised no presumption of negligence on the part of the railroad company or its servants in the operation of the train. It cites authority to the effect that if the accident occurred undexcircumstances which might be attributable to causes unavoidable on the part of the railroad company, *95mere proof of plaintiff’s injury is insufficient to make a prima facie case of…
2Cases cited10 opinions
- Gleeson v. Virginia Midland RailroadSupreme Court of the United States · 1891
- Transportation Company v. DownerSupreme Court of the United States · 1871
- Missouri, Kansas & Texas Railway Co. v. MerrillSupreme Court of Kansas · 1900
- Atchison, Topeka & Santa Fé Railroad v. JohnsSupreme Court of Kansas · 1887
- Atchison, Topeka & Santa Fe Railroad v. HughesSupreme Court of Kansas · 1895
5 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Mayes v. Kansas City Power & Light Co.Supreme Court of Kansas · 1926
- Stroud v. Sinclair Refining Co.Supreme Court of Kansas · 1936
- Capital Transit Co. v. JacksonCourt of Appeals for the D.C. Circuit · 1945
- Root v. Cudahy Packing Co.Supreme Court of Kansas · 1913
- Woods v. Kansas City, Kaw Valley & Western RailroadSupreme Court of Kansas · 1932
13 more not listed; retrieve them via the Exa API.