Alstrum v. Chicago, Rock Island & Pacific Railway Co.

Supreme Court of Kansas

Alstrum v. Chicago, Rock Island & Pacific Railway Co.

107 P. 1119, 82 Kan. 858, 1910 Kan. LEXIS 358

CourtSupreme Court of Kansas

DecidedApril 9, 1910

DocketNo. 16,502

StatusPublished

This text of 107 P. 1119 (Alstrum v. Chicago, Rock Island & Pacific Railway Co.) is published on Counsel Stack Legal Research, covering Supreme Court of Kansas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Alstrum v. Chicago, Rock Island & Pacific Railway Co., 107 P. 1119, 82 Kan. 858, 1910 Kan. LEXIS 358 (kan 1910).

Pincite

Opinion

Per Curiam:

There is no evidence that the deceased was on the track in a helpless condition. It is mere speculation and conjecture that he fell in a fit on the track. There is no evidence that he was on the track long enough for the engineer to stop the train before reaching him. Consequently the cause of action stated in the petition was not proved, and the demurrer to the evidence was rightfully sustained.

The judgment is affirmed.

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Per Curiam:

There is no evidence that the deceased was on the track in a helpless condition. It is mere speculation and conjecture that he fell in a fit on the track. There is no evidence that he was on the track long enough for the engineer to stop the train before reaching him. Consequently the cause of action stated in the petition was not proved, and the demurrer to the evidence was rightfully sustained.

The judgment is affirmed.

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Bluebook (online)

107 P. 1119, 82 Kan. 858, 1910 Kan. LEXIS 358, Counsel Stack Legal Research, https://law.counselstack.com/opinion/alstrum-v-chicago-rock-island-pacific-railway-co-kan-1910.