Legal Opinion

Missouri Pacific Railway Co. v. Holley

Supreme Court of Kansas

Decided July 15, 1883PublishedCited by 15 opinions

Error from Atchison District Court. Action by Holley against the Railway Company, to recover damages for bodily injuries. Trial at the November Term, 1882. The jury rendered a verdict for the plaintiff for $2,750. The jury also returned answers to particular questions of fact submitted by each party.

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Error from Atchison District Court. Action by Holley against the Railway Company, to recover damages for bodily injuries. Trial at the November Term, 1882. The jury rendered a verdict for the plaintiff for $2,750. The jury also returned answers to particular questions of fact submitted by each party. The defendant moved the court to set aside the following findings of fact, submitted on behalf of plaintiff: “ For the reason that the same are not sustained by the evidence, and are each against the weight of the evidence, viz.: Nos. 9,12, 15, 20, 21, 22, and 25; and also the following findings…

1Opinion of the Court

The opinion of the court was delivered by

Brewer, J.:

The plaintiff was a brakeman in the employ of defendant. While so employed, and endeavoring to prepare for a coupling between two cars, he received personal injuries, for which he brought this action. The case was tried by a jury. The verdict and judgment were for the plaintiff, and defendant alleges error. The testimony was not preserved, so that the case comes before us upon the pleadings, the answers to particular questions, the general verdict, and the judgment. The questions presented arrange themselves under two classes: First, do the…

2Cases cited3 opinions

  1. First National Bank v. PeckSupreme Court of Kansas · 1871
  2. City of Wyandotte v. WhiteSupreme Court of Kansas · 1874
  3. Atchison, Topeka & Santa Fé Railroad v. MaherSupreme Court of Kansas · 1879

3Cited by15 opinions

  1. Evans v. MoseleySupreme Court of Kansas · 1911
  2. Atchison, Topeka & Santa Fe Railroad v. AyersSupreme Court of Kansas · 1895
  3. Fishbaugh v. SpunaugleSupreme Court of Iowa · 1902
  4. Williams v. WithingtonSupreme Court of Kansas · 1913
  5. Snyder v. EriksenSupreme Court of Kansas · 1921

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