Atchison, Topeka & Santa Fe Railroad v. Wilkinson
Supreme Court of Kansas
Error from Harvey District Court. On the 8th day of April, 1890, Matilda Wilkinson commenced her action against The Atchison, Topeka & Santa Fe Railroad Company, before a justice of the peace in Harvey county, to recover $109.25 upon the following verified account: April 4, 1890. The Atehison, Topeka <£• Santa Fe Railroad Company, To Matilda Wilkinson, Dr. January 30,1890. To 1 black silk dress, destroyed in transitu. $40 00 To 1 colored silk dress, destroyed in transitu. 40…
Read the full summary
Error from Harvey District Court. On the 8th day of April, 1890, Matilda Wilkinson commenced her action against The Atchison, Topeka & Santa Fe Railroad Company, before a justice of the peace in Harvey county, to recover $109.25 upon the following verified account: April 4, 1890. The Atehison, Topeka <£• Santa Fe Railroad Company, To Matilda Wilkinson, Dr. January 30,1890. To 1 black silk dress, destroyed in transitu. $40 00 To 1 colored silk dress, destroyed in transitu. 40 00 To 1 white embroidered silk dress, destroyed in transitu.... 12 00 To 1 French satine, destroyed in transitu. 6 00…
1Opinion of the Court
The opinion of the court was delivered by
Horton, C.' J.: Upon the trial the plaintiff below was permitted to testify to the amount of damages *85caused to lier dress and other articles described in the account sued on. This evidence was objectionable and should not have been received. A witness is not permitted to state his or her opinion with reference to the damages to be recovered. (Railroad Co. v. Muller, 45 Kas. 85-87 ; Railroad Co. v. Kuhn, 38 id. 676 ; Railroad Co. v. Ross, 40 id. 605.) The admission of this evidence is conceded to be erroneous, but it is claimed that it was cured because…
2Cases cited5 opinions
- Luby v. . the Hudson River Railroad CompanyNew York Court of Appeals · 1858
- Adams v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1881
- Tennis v. Inter-State Consolidated Rapid Transit Railway Co.Supreme Court of Kansas · 1891
- Hough v. DoyleSupreme Court of Pennsylvania · 1833
- Chicago, Kansas & Western Railroad v. MullerSupreme Court of Kansas · 1890
3Cited by5 opinions
- Jenkins v. Commercial National BankIdaho Supreme Court · 1911
- United States v. Bitter Root Development Co.Court of Appeals for the Ninth Circuit · 1904
- Stecher v. Southwestern Bell Telephone Co.Supreme Court of Kansas · 1931
- Chicago, R. I. & P. Ry. Co. v. TeeseSupreme Court of Oklahoma · 1914
- J. I. Case Plow Works v. PulsiferSupreme Court of Kansas · 1908