Kansas Pacific Rly. Co. v. Mower
Supreme Court of Kansas
Error from Shawnee District Court. Action by Mower, to recover from the K. P. Railway Company the value of a steer and a heifer killed by defendant’s cars.
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Error from Shawnee District Court. Action by Mower, to recover from the K. P. Railway Company the value of a steer and a heifer killed by defendant’s cars. The action was tried by the court, without a jury, at the December Term 1874. The facts were agreed to by the parties, as follows: “In May 1874, a locomotive drawing a train of defendant’s cars, and run by the employés of said company, struck and killed the steer and heifer mentioned in plaintiff’s petition, near Silver Lake station, said animals then being the property of Mower. The railroad was not fenced at the place where said animals…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
In this case the constitutionality of the following act is challenged, and this is the only question presented for our consideration:
Ch. 94; Laws oe 1874. — An act relating to killing or wounding stock by railroads.
Be it enacted by the Legislature of the State of Kansas:
Section 1. Every railway company or corporation in this state, and every assignee or lessee of such company or corporation, shall be liable to pay the owner the full value of each and every animal killed, and all damages to each and every animal wounded, by the engine or cars…
2Cases cited23 opinions
- Thorpe v. Rutland & Burlington RailroadSupreme Court of Vermont · 1854
- Gorman v. Pacific RailroadSupreme Court of Missouri · 1858
- Corwin v. . the New-York and Erie Railroad Co.New York Court of Appeals · 1855
- Nelson v. Vermont & Canada RailroadSupreme Court of Vermont · 1854
- Perley v. Eastern RailroadMassachusetts Supreme Judicial Court · 1868
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3Cited by26 opinions
- Hunter v. Colfax Consolidated Coal Co.Supreme Court of Iowa · 1915
- Davidson v. JenningsSupreme Court of Colorado · 1900
- State ex rel. Royal Insurance v. BarrsSupreme Court of Florida · 1924
- Lancashire Insurance v. BushNebraska Supreme Court · 1900
- Wortman v. KleinschmidtMontana Supreme Court · 1892
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