Legal Opinion

Atchison, Topeka & Santa Fe Railroad v. Snedeger

Court of Appeals of Kansas

Decided June 9, 1897No. 183PublishedCited by 3 opinions

Error from Barber District Court. Hon. G. W. McKay, Judge. John P. Snedeger, plaintiff in the lower court, in his petition filed in the District Court of Barber County, claimed that on the tenth day of October, 1889, while employed by the Railroad Company as a section hand, and while engaged in shoveling dirt on its side track‘at Kiowa, Kan., he was injured and damaged by the negligence of the Atchison, Topeka & Santa Fe Railroad Company, its servants, agents, and his…

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Error from Barber District Court. Hon. G. W. McKay, Judge. John P. Snedeger, plaintiff in the lower court, in his petition filed in the District Court of Barber County, claimed that on the tenth day of October, 1889, while employed by the Railroad Company as a section hand, and while engaged in shoveling dirt on its side track‘at Kiowa, Kan., he was injured and damaged by the negligence of the Atchison, Topeka & Santa Fe Railroad Company, its servants, agents, and his co-employees in the sum of five thousand dollars. The company answered, making a general denial and also a plea of settlement…

1Opinion of the Court

1. Case-made examined.

Milton, J.

Defendant in error has moved to dismiss the petition in error, and claims that a case-made should contain a transcript of the record duly certified by the clerk. Counsel are in error in this contention. Muscott v. Hanna, 26 Kan. 770. The word “ case-made ” has a well-defined, technical meaning, and the question raised was settled by the case we have cited. Another point in the motion is that the judge’s certificate makes no reference £0 the evidence in the case. This is not necessary and is no proper part of the certificate. See Eddy v. Weaver, 37 Kan. 540.…

2Cases cited2 opinions

  1. Eddy v. WeaverSupreme Court of Kansas · 1887
  2. Muscott v. HannaSupreme Court of Kansas · 1882

3Cited by3 opinions

  1. McFarland v. RogersSupreme Judicial Court of Maine · 1936
  2. De Wald v. IngleWashington Supreme Court · 1903
  3. Downey v. Northern Pacific Ry. Co.Montana Supreme Court · 1924

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