Atchison, Topeka & Santa Fe Railroad v. Long
Court of Appeals of Kansas
Error from Butler District Court. Hon. C. A. Leland, Judge. This action was brought in the District Court of Butler County by John Long as plaintiff against the Atchison, Topeka & Santa Fe Railroad Company as defendant.
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Error from Butler District Court. Hon. C. A. Leland, Judge. This action was brought in the District Court of Butler County by John Long as plaintiff against the Atchison, Topeka & Santa Fe Railroad Company as defendant. The first count in the petition alleges, that on the fourth day of March, 1888, said Long bought and paid for a ticket from said Company, entitling him to ride as a first-class passenger from Topeka to Emporia, and that he entered the cars of the Company and conducted himself in a gentlemanly and proper manner ; that after the train had passed Reading and before it had reached…
1Opinion of the CourtDennison, P. J.
The plaintiff in error alleges and argues ten assignments of error, but as several of them depend upon whether this action is an action ex contractu or an action ex delicto, we will first consider this question which is to be determined solely by the pleadings.
1. Action ex delicto.
The first count in the petition, after alleging such a state of facts as would entitle Long to remain in the car until it should reach Emporia, charges that the Railroad Company, by its agents, etc., disregarding its duty as a common carrier of passengers and its agreement with Long in selling him the ticket, did,…
2Cases cited4 opinions
- Southern Kansas Railway Co. v. RiceSupreme Court of Kansas · 1888
- Woodman v. DavisSupreme Court of Kansas · 1884
- Kansas Pacific Railway Co. v. KesslerSupreme Court of Kansas · 1877
- Atchison, Topeka & Santa Fe Railroad v. HuittCourt of Appeals of Kansas · 1895
3Cited by2 opinions
- Missouri Pacific Railway Co. v. PhelpsCourt of Appeals of Kansas · 1900
- Malina v. OplatkaAppellate Court of Illinois · 1921