Legal Opinion

Hannibal & St. Joseph Railroad v. Fox

Supreme Court of Kansas

Decided January 15, 1884PublishedCited by 27 opinions

Error from, Atchison District Court. Action by Fox against The Railroad Company, to recover damages for bodily injuries. The court below, in its instructions to the jury, states the substance of the petition and answer. (Seeposi.) Upon the trial at the June Term, 1883, the plaintiff, Fox, testified among other things, that at the time of the injuries complained of he was in good health, stout, hearty, about thirty years old, and married.

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Error from, Atchison District Court. Action by Fox against The Railroad Company, to recover damages for bodily injuries. The court below, in its instructions to the jury, states the substance of the petition and answer. (Seeposi.) Upon the trial at the June Term, 1883, the plaintiff, Fox, testified among other things, that at the time of the injuries complained of he was in good health, stout, hearty, about thirty years old, and married. Thomas H. Doyle, whose deposition was read on behalf of plaintiffj testified therein as follows: “I am a physician and surgeon, and have been since the year…

1Opinion of the Court

The opinion of the court was delivered by

Horton, C. J.:

This was an action to recover damages on account of certain personal injuries received by Fox, plaintiff below, while engaged in the service of the railroad company, by the alleged negligence of the company and its employes. The evidence in behalf of Fox tended to show that on March 3, 1883, Robert Lovell was the foreman, or boss car, repairer, in the yards of the railroad company at St. Joseph, Mo.; that Harris Harrington was the yard master of the company, and had control of the movement of *595cars at the same place; that Lovell had under…

2Cases cited4 opinions

  1. Hough v. Railway Co.Supreme Court of the United States · 1880
  2. Kansas Pacific Rly. Co. v. SalmonSupreme Court of Kansas · 1875
  3. Western Massachusetts Insurance v. DuffeySupreme Court of Kansas · 1864
  4. Atchison, Topeka & Santa Fé Railroad v. HoltSupreme Court of Kansas · 1883

3Cited by27 opinions

  1. Dayharsh v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1890
  2. Koerner v. St. Louis Car Co.Supreme Court of Missouri · 1908
  3. Miller v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1891
  4. St. Louis & San Francisco Railway Co. v. WeaverSupreme Court of Kansas · 1886
  5. Anderson v. BennettOregon Supreme Court · 1888

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