Legal Opinion

Lupher v. Atchison, Topeka & Santa Fe Railway Co.

Supreme Court of Kansas

Decided January 8, 1910No. 16,297PublishedCited by 23 opinions

Appeal from Neosho district court; James W. Finley, judge.

1Opinion of the Court

The opinion of the court was delivered by

Mason, J.:

In October, 1904, Jay Lupher entered the service of the Atchison, Topeka & Santa Fe Railway Company as a brakeman. He was at the time eighteen years of age, but represented that he was twenty-one, and obtained his position by that misrepresentation, a rule of the company forbidding the employment of *586minors in that capacity. In July, 1906, while throwing a switch, he slipped and fell upon the track and was run over and severely injured. He sued the company, alleging that his injury was due to its negligence. His evidence disclosed these facts…

2Cases cited6 opinions

  1. McDermott v. Iowa Falls & Sioux City Railway Co.Supreme Court of Iowa · 1892
  2. Norfolk & Western Railway Co. v. Bondurant's AdministratorSupreme Court of Virginia · 1907
  3. Fitzmaurice v. New York, New Haven & Hartford RailroadMassachusetts Supreme Judicial Court · 1906
  4. Kirkham v. Wheeler-Osgood Co.Washington Supreme Court · 1905
  5. Matlock v. Williamsville Greenville & St. Louis Railway Co.Supreme Court of Missouri · 1906

1 more not listed; retrieve them via the Exa API.

3Cited by23 opinions

  1. Still v. Norfolk & Western Railway Co.Supreme Court of the United States · 1961
  2. St. Louis & San Francisco R. R. v. BrantleySupreme Court of Alabama · 1910
  3. Plick v. Toye Bros. Auto & Taxicab Co.Louisiana Court of Appeal · 1930
  4. Hart v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1912
  5. Newkirk v. Los Angeles Junction Railway Co.California Supreme Court · 1942

18 more not listed; retrieve them via the Exa API.

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