Dryden v. Chicago

Decision Date05 December 1891
Citation47 Kan. 445,28 P. 153
CourtKansas Supreme Court
PartiesSARAH L. DRYDEN, as Administratrix of the estate of James E. Dryden, deceased, v. THE CHICAGO, KANSAS & NEBRASKA RAILWAY COMPANY

Error from Doniphan District Court.

THE facts sufficiently appear in the opinion.

Judgment affirmed.

Grant W. Harrington, and W. D. Webb, for plaintiff in error.

M. A Low, and W. F. Evans, for defendant in error.

SIMPSON C. All the Justices concurring.

OPINION

SIMPSON C.

On the 22d day of December, 1886, one James E. Dryden, who lived about three miles east of the city of Troy, in Doniphan county, was driving east from his home, early in the forenoon of a cold, frosty day, in a buggy drawn by two horses, and in attempting to cross the track of the Chicago, Kansas &amp Nebraska Railway Company, in advance of an approaching train, was killed. He had lived near the crossing for many years, and the railroad had been in operation for several weeks. The top of his buggy was up, and he was driving in a brisk trot. The railroad extends east and west at the crossing. The wagon road, on which the deceased was traveling, ran north and south at this place, and crossed the railroad track at right angles, but before approaching the crossing from the north, and at a short distance therefrom, the road ran west, parallel with and about 100 feet north of the railroad track for several miles. The public road, after crossing the track of the railroad from the north, ran south for about 400 feet, and then turned and extended to the east. The deceased was driving along the road from the west until he came to the turn, and then went south for about 100 feet onto the track where he was killed. The railroad track for a distance of 50 or 60 feet west of the crossing was constructed upon a very light grade, but about 300 feet west of the crossing there was a cut from 2 to 11 feet deep, and probably 200 feet long, and west of this, and about 1,300 feet from the crossing, was a bridge 54 feet long. As the crossing is approached from the west, and before the road turns south, the ground is high and hilly, and the approaching train could be plainly seen from the top of the hill for 120 rods. As the crossing is approached from the west, and before the turn is made to the south, the ground between the road and track is comparatively level; when the turn is made on the road going south to the crossing the grade is slightly down hill until near the crossing; and to the west of the road, after the turn south is made, the view of the track west is somewhat obscured by weeds and elder bushes along the side of the fence and on the...

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5 cases
  • Thogmartin v. Koppel
    • United States
    • Kansas Supreme Court
    • March 6, 1937
    ... ... such situation, had there been error, it would not be ... reviewable, as there was no motion for a new trial. See ... Dryden v. C. K. & N. Ry. Co., 47 Kan. 445, 28 P ... Under ... the instructions, the case was submitted on the theory of ... failure to warn of ... ...
  • The Coffeyville Gas Company v. Dooley
    • United States
    • Kansas Supreme Court
    • February 10, 1906
    ... ... questions arising upon the trial of the cause can be ... considered by this court. (Struthers v. Fuller, 45 ... Kan. 735, 26 P. 471; Dryden v. C. K. & N. Rly ... Co., 47 Kan. 445, 28 P. 153; National ... [84 P. 720] ... Bank v. Jaffray,, 41 Kan. 691, 19 P. 626; Carson ... v. Funk, ... ...
  • James v. Higginbotham
    • United States
    • Nebraska Supreme Court
    • May 2, 1900
    ...Carson v. Funk, 27 Kan. 524; Clark v. Schnur, 40 Kan. 72, 19 P. 327; Struthers v. Fuller, 45 Kan. 735, 26 P. 471; Dryden v. Chicago, K. & N. R. Co. 47 Kan. 445; Wright v. Darst, 55 P. 516; Douglas Co. Sparks, 7 Okla. 259, 54 P. 467; Beall v. Mutual Life Ins. Co. 7 Okla. 285, 54 P. 474; City......
  • Burns v. Hunter
    • United States
    • Kansas Supreme Court
    • November 3, 1928
    ... ... instruction became the law of that feature of the case with ... which it dealt. (Duigenan v. Claus, 46 Kan. 275, 26 ... P. 699; Dryden v. C. K. & N. Rly. Co., 47 Kan ... 445, 28 P. 153; Railway Co. v. Schroll, 76 Kan. 572, ... 92 P. 596; 14 R. C. L. 808, 822.) ... ...
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