Supreme Court of Kansas, 1910

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

Alstrum v. Chicago, Rock Island & Pacific Railway Co.
Supreme Court of Kansas · Decided April 9, 1910
82 Kan. 858; 107 P. 1119; 1910 Kan. LEXIS 358

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

Opinion of the Court

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.