Atchison, Topeka & Santa Fé Railroad v. Brown
Supreme Court of Kansas
Error from Sedgwick District Court. Action by Brown against the Railroad Company and another, to recover damages for malicious prosecution. Verdict for plaintiff. Defendants’ motion to withdraw their motion for a new trial was denied, and the company brings the case to this court.
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Error from Sedgwick District Court. Action by Brown against the Railroad Company and another, to recover damages for malicious prosecution. Verdict for plaintiff. Defendants’ motion to withdraw their motion for a new trial was denied, and the company brings the case to this court. If each party to a suit, on return of verdict, waives all error committed against it, the court surely has no right to grant of its own motion a new trial in such a case, and if it does so, it surely must be an abuse of discretion. In this case the defendant below waived all error committed against it, by failing to…
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
This was an action in the court below by Joseph Brown against the Atchison, Topeka & Santa Eé Railroad Company and H. T. Dobson, to recover damages for malicious prosecution. At the January, 1890, term of the court, the case was tried before the court with a jury, and the jury returned a verdict for $2,030 in favor of Brown, and also returned certain findings of fact. A motion for judgment on the findings was filed by the railroad company; also a motion for a new trial. Afterward, and before any action was taken by the court upon either…
2Cases cited3 opinions
- City of Sedan v. ChurchSupreme Court of Kansas · 1883
- Lindh v. CrowleySupreme Court of Kansas · 1883
- Gunn v. DurkeeSupreme Court of Kansas · 1889
3Cited by12 opinions
- Sovereign Camp v. ThiebaudSupreme Court of Kansas · 1902
- Ferguson v. Kansas City Public Service Co.Supreme Court of Kansas · 1945
- Magnolia Petroleum Co. v. McDonaldSupreme Court of Oklahoma · 1934
- Fralick v. Kansas City Public Service Co.Supreme Court of Kansas · 1949
- Atchison, Topeka & Santa Fe Railroad v. BrownSupreme Court of Kansas · 1897
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