Missouri Pacific Railway Co. v. Bradshaw
Supreme Court of Kansas
Error from, Neosho District Court. ActioN by Bradshaw against The Railway Company, to recover damages for his hog, alleged to have been killed by the said company. Trial at the April Term, 1884, and judgment for plaintiff for $20 for the value of his hog, $20 as an attorney’s fee for the prosecution of his action, and for costs. The Company brings the case here. The opinion states the material facts.
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
This was an action brought by Kichard Bradshaw, before a justice of the peace of Mission township, Neosho county, under the railroad stock law of 1874, (Comp. Laws of 1879, pp. 784, 785, ¶¶4915 to 4919,) and at common law for negligence, to recover damages for a hog, belonging to the plaintiff, alleged to have been killed by the defendant in the operation of its railway.
It appears from the evidence and the findings of the court below, that the plaintiff, Bradshaw, owns and occupies a farm through which runs the unfenced railway of the…
2Cases cited11 opinions
- Flint & Pere Marquette Railway Co. v. LullMichigan Supreme Court · 1874
- Bellefontaine Railway Co. v. ReedIndiana Supreme Court · 1870
- Central Branch Railroad v. LeaSupreme Court of Kansas · 1878
- Indianapolis, Peru & Chicago R. R. v. LindleyIndiana Supreme Court · 1881
- Atchison, Topeka & Santa Fé Railroad v. RiggsSupreme Court of Kansas · 1884
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