Atchison Topeka & Santa Fe Railroad v. Ditmars
Court of Appeals of Kansas
Memorandum. — Error from Sedgwick district court; 0. Reed, judge. Action by G. L. Ditmars and others, partners as Ditmars, Voris & Vandevere, against The Atchison, Topeka & Santa Fe Railroad Company, to recover damages for alleged negligence in shipment of cattle. Judgment for plaintiffs. Defendant brings the case to this court.
1Opinion of the Court
The opinion of the court was delivered by
Dennison, J. :
This case was submitted to us at the October, 1895, term of this court, and was on December 7, 1895, ordered dismissed for the reason that no showing was made that the defendants in error were present at the time and place of settling and signing the case, or that they were notified or waived notice thereof, or had waived their right to make amendments. It appears now that this question had been raised in the supreme court in 1891, and upon a motion to dismiss, there had been filed several affidavits bearing upon the presence of W. H.…
2Cases cited5 opinions
- Simpson v. KimberlinSupreme Court of Kansas · 1874
- Missouri Pacific Railway Co. v. Wichita Wholesale Grocery Co.Supreme Court of Kansas · 1895
- Kansas Pacific Railway Co. v. CouseSupreme Court of Kansas · 1877
- Bank of Claflin v. RowlinsonCourt of Appeals of Kansas · 1896
- St. Louis & San Francisco Railway Co. v. Bryan Fruit Co.Court of Appeals of Kansas · 1895
3Cited by4 opinions
- Nelson v. Great Northern Railway Co.Montana Supreme Court · 1903
- Michalitschke Bros. & Co. v. WellsCalifornia Supreme Court · 1897
- Ward v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Kansas · 1912
- Berwert ex rel. Berwert v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Missouri · 1956