St. Louis & San Francisco Railway Co. v. Ellis
Supreme Court of Kansas
ACTION brought by Ellis, against the Railway Company, before a justice of the peace of Cherokee county, to recover damages for injuries caused to the plaintiff's cow by the defendant's cars. The defendant made no appearance in the justice's court, and judgment was rendered for the plaintiff. The defendant appealed the case to the district court of said county.
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ACTION brought by Ellis, against the Railway Company, before a justice of the peace of Cherokee county, to recover damages for injuries caused to the plaintiff's cow by the defendant's cars. The defendant made no appearance in the justice's court, and judgment was rendered for the plaintiff. The defendant appealed the case to the district court of said county. At the October Term, 1880, the defendant made no appearance in the action; the plaintiff filed an amended bill of particulars, a trial was had, and judgment given for the plaintiff. The defendant, brings the case here.
1Per curiam
The judgment in this case will be reversed, and the case remanded for further proceedings. This decision is on the authority of K. P. Rly. Co. v. Taylor, 17 Kas. 566; Hadley v. C. B. U. P. Rld. Co., 22 Kas. 359; St. L. & S. F. Rly. Co. v. McReynolds, 24 Kas. 368.
2Cases cited3 opinions
- Kansas Pacific Railway Co. v. TaylorSupreme Court of Kansas · 1877
- St. Louis & San Francisco Railway Co. v. McReynoldsSupreme Court of Kansas · 1880
- Hadley v. Central Branch Union Pacific RailroadSupreme Court of Kansas · 1879