Kiff v. Atchison, Topeka & Santa Fé Railroad
Supreme Court of Kansas
Error from Heno District Court. The nature of the action, and the facts, are stated in the opinion. At the January Term, 1884, after plaintiff Kiff had introduced his evidence, the defendant Company demurred thereto, on the ground that the evidence does not prove or tend to prove any cause of action against the defendant. The court sustained' the demurrer, discharged the jury, and ' rendered judgment for co’sts against the plaintiff. ‘ Ne*w trial denied.
Read the full summary
Error from Heno District Court. The nature of the action, and the facts, are stated in the opinion. At the January Term, 1884, after plaintiff Kiff had introduced his evidence, the defendant Company demurred thereto, on the ground that the evidence does not prove or tend to prove any cause of action against the defendant. The court sustained' the demurrer, discharged the jury, and ' rendered judgment for co’sts against the plaintiff. ‘ Ne*w trial denied. Kiff brings the case to this court.
1Opinion of the Court
*264The opinion of the court was delivered by
Hurd, J.:
The plaintiff below, the plaintiff in error here, commenced this suit before a justice of the peace of Reno county, to recover damages by breaking of stoves, alleged to have been transported from Emporia to Plutchinson by the defendant, as a common carrier.
The bill of particulars is as follows:
“G-. B. Kiff, plaintiff in the above-entitled action, complains of the defendant, the Atchison Topeka & Santa Fe railroad company, a corporation duly organized and existing under the laws of Kansas, for that whereas, the defendant undertook and agreed…
2Cases cited2 opinions
- Whitworth v. . Erie Railway CompanyNew York Court of Appeals · 1882
- Kansas City, St. Joseph & Council Bluffs Railroad v. SimpsonSupreme Court of Kansas · 1883
3Cited by6 opinions
- State v. NolegsSupreme Court of Oklahoma · 1914
- Witting v. St. Louis & San Francisco RailroadMissouri Court of Appeals · 1887
- Wichita & Western Railway Co. v. KochSupreme Court of Kansas · 1892
- Atchison, Topeka & Santa Fé Railroad v. DillSupreme Court of Kansas · 1892
- Kennedy v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1919
1 more not listed; retrieve them via the Exa API.