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

Supreme Court of Kansas

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

96 P. 1018, 78 Kan. 884, 1908 Kan. LEXIS 165

CourtSupreme Court of Kansas

DecidedMay 9, 1908

DocketNo. 15,495

StatusPublished

This text of 96 P. 1018 (Atchison, Topeka & Santa Fe Railway Co. v. Derrick) 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

Atchison, Topeka & Santa Fe Railway Co. v. Derrick, 96 P. 1018, 78 Kan. 884, 1908 Kan. LEXIS 165 (kan 1908).

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Opinions

Per Curiam:

In an action by Bessie Derrick against the Atchison, Topeka & Santa Fe Railway Company to recover damages for the death of her husband, an express messenger, occasioned by the negligent operation of one of the defendant’s train's, an answer was filed setting up as a defense that the decedent, as a part of his contract of employment by the express company, agreed to release both companies from all liability for injuries received by him while in the discharge of his duties. This defense was demurred to, and the court sustained the demurrer. The defendant prosecutes error from that ruling. The question involved is the same as that presented in Sewell v. Railway Co., ante, p. 1, upon the authority of which case the ruling is affirmed.

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Per Curiam:

In an action by Bessie Derrick against the Atchison, Topeka & Santa Fe Railway Company to recover damages for the death of her husband, an express messenger, occasioned by the negligent operation of one of the defendant’s train's, an answer was filed setting up as a defense that the decedent, as a part of his contract of employment by the express company, agreed to release both companies from all liability for injuries received by him while in the discharge of his duties. This defense was demurred to, and the court sustained the demurrer. The defendant prosecutes error from that ruling. The question involved is the same as that presented in Sewell v. Railway Co., ante, p. 1, upon the authority of which case the ruling is affirmed.

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Bluebook (online)

96 P. 1018, 78 Kan. 884, 1908 Kan. LEXIS 165, Counsel Stack Legal Research, https://law.counselstack.com/opinion/atchison-topeka-santa-fe-railway-co-v-derrick-kan-1908.