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Union Pacific Railway v. Cappier

72 P. 281 (1903)

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Union Pacific Railway v. Cappier

Kansas Supreme Court

72 P. 281 (1903)

Facts

Irvin Ezelle was walking across railway tracks when he was struck by a train owned by Union Pacific Railway (defendant). A railyard employee shouted a warning, but to no avail. Ezelle lost two limbs in the accident. After Ezelle was moved away from the tracks, the railyard employee ordered the train to move on because he expected another train to arrive soon. Because of this action, Ezelle’s wounds were not immediately bound up, though employees of Union Pacific eventually tended to them. Ezelle was brought by ambulance to a hospital, where he died a few hours later. Ezelle’s mother, Adeline Cappier (plaintiff), brought a wrongful-death action against Union Pacific. The trial court found no negligence by Union Pacific in Ezelle’s cause of injury. However, Cappier was permitted a recovery on separate grounds of negligence—that Union Pacific’s employees failed to call an ambulance or provide care in time to prevent Ezelle from bleeding to death. Union Pacific appealed. The Kansas Supreme Court granted certiorari.

Rule of Law

Issue

Holding and Reasoning (Smith, J.)

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