[Download] "Creten v. Chicago" by Supreme Court of Kansas # eBook PDF Kindle ePub Free
eBook details
- Title: Creten v. Chicago
- Author : Supreme Court of Kansas
- Release Date : January 11, 1959
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
The opinion of the court was delivered by This was an action for damages arising out of the collision
between a Rock Island passenger train and an irrigation pump
mounted on a two-wheel trailer owned by the plaintiff, Arthur
Creten. George Scott, Marvin LaRue, the Union Pacific Railroad
Company and the Chicago, Rock Island and Pacific Railroad Company
were named defendants. Service of summons was not made on Scott
and neither he nor LaRue were operating the train at the time of
the collision. LaRue's demurrer to plaintiff's evidence was
sustained and the propriety of that ruling is not before us. The
jury returned a verdict for plaintiff and against the Chicago,
Rock Island and Pacific Railroad Company (defendant), and did not
find the Union Pacific guilty of negligence. Following the
overruling of post-trial motions, the defendant has appealed. Summarized in part, the allegations of the amended petition
were that on July 4, 1954, the defendant and Union Pacific
jointly owned, maintained and operated tracks and crossings in
Wyandotte County, Kansas, and operated trains thereon; that one
such crossing was located on the south side of Kansas Highway 32,
which runs parallel to the railroad right of way about a mile
east of Muncie, which was built and established by defendant and
Union Pacific some 30 years ago as a private crossing, but since
then has been used by the public generally and by the plaintiff
to gain access to a field which he rented on the south side of
the tracks; that on the day in question the defendants were
maintaining the crossing, but it was in a state of disrepair and
had been for many months in that there were large holes and
depressions between the planks and rails, and that defendants
knew or in the exercise of reasonable care should have known it
was in such a state.