43 P. 249 (Kan. 1896), 8013, Rouse v. Ledbetter

Docket Nº:8013
Citation:43 P. 249, 56 Kan. 348
Opinion Judge:MARTIN, C. J.:
Party Name:HENRY C. ROUSE, as Receiver de bonis non of the Missouri, Kansas & Texas Railway Company, v. W. G. LEDBETTER
Attorney:T. N. Sedgwick, for plaintiff in error. W. D. Atkinson, for defendant in error.
Judge Panel:MARTIN, C. J. All the Justices concurring.
Case Date:January 11, 1896
Court:Supreme Court of Kansas
 
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Page 249

43 P. 249 (Kan. 1896)

56 Kan. 348

HENRY C. ROUSE, as Receiver de bonis non of the Missouri, Kansas & Texas Railway Company,

v.

W. G. LEDBETTER

No. 8013

Supreme Court of Kansas

January 11, 1896

Decided January, 1896.

Error from Labette District Court.

AT May term, 1891, the defendant in error recovered a judgment against the receivers of The Missouri, Kansas & Texas Railway Company for $ 4,500 on account of personal injuries sustained in the yards at Parsons on January 8, 1891, resulting in the loss of his left hand, which was amputated above the wrist joint. He was on that day engaged as a helper, following a switch-engine at work at and near Johnson avenue. While attempting to make a coupling between a standing box car on the north side of said avenue and a moving one which he had been riding, and from which he alighted at or near the sidewalk, he slipped on an incline forming the connection between the east rail and the end of the sidewalk, and in struggling to avoid being run over by the moving car, he threw up his left hand which was caught between the draw-heads of the standing and the moving car. The surface of the ground, the sidewalk and the incline were covered by a recent fall of snow, which was melting, and this made the incline slippery. The only negligence charged against the receivers is that this incline, as constructed and maintained by them, was dangerous to the yardmen in making couplings or doing other work upon the ground at that point, and that the plaintiff below was unaware of its existence at and before the time of sustaining said injury. Johnson avenue at that point crossed a tract known as the "Railroad Reserve," owned by the company, and several tracks crossed the avenue. In 1887, while the Missouri, Kansas & Texas railway was being operated under a lease by the Missouri Pacific Railway Company, the latter company was by ordinance required to construct a wood side walk of the third class along the north side of Johnson avenue across the railroad reserve, the ordinance containing no direction as to the grade of the sidewalk, nor how it should be constructed, except as above stated. The sidewalk was put down, and it remained there until the summer of 1890, when the receivers put in a side-track principally for the accommodation of a new elevator owned by Steele & Busby. In order to do this, the receivers took up part of the sidewalk and laid the...

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