Atchison, Topeka & Sante Fé Railroad v. Shaft
Supreme Court of Kansas
Error from Chase District Court. ACTION brought by Clay Shaft against The Atchison, 2b-peha & Santa Fé Railroad Company, to recover damages for the killing of a steer belonging to the plaintiff.
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Error from Chase District Court. ACTION brought by Clay Shaft against The Atchison, 2b-peha & Santa Fé Railroad Company, to recover damages for the killing of a steer belonging to the plaintiff. The plaintiff alleged in his petition, among other things, that the steer in question, without fault on the part of the plaintiff, strayed in and upon the track and ground occupied by the railroad company at a point west of Crawford station, in the county of Chase, where such track ought to have been, but was not, inclosed with a good and lawful fence, and that the defendant, by its agents and…
1Opinion of the Court
The opinion of the court was delivered by
YaleNTINE, J.:
This was an action brought by-Clay Shaft against the Atchison,.Topeka & Santa Fé Railroad Company, in the district court of Chase county, to recover damages for the killing of a steer belonging to the plaintiff. The allegations of the plaintiff’s petitition were such that he. might have *526recovered either under chapter 94 of the statutes of 1874, because of a want of a legal fence inclosing the defendant’s railroad, (Comp. Laws of 1879, pp. 784,785, ¶¶ 4915 to 4919,) or under chapter 93 of the Laws of 1870, for negligently killing the…
2Cases cited30 opinions
- Flint & Pere Marquette Railway Co. v. LullMichigan Supreme Court · 1874
- Indianapolis & Cincinnati Railroad v. KinneyIndiana Supreme Court · 1857
- Morris v. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1874
- Tracy v. . the Troy and Boston R.R. Co.New York Court of Appeals · 1868
- Lloyd v. Pacific RailroadSupreme Court of Missouri · 1872
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3Cited by5 opinions
- Atchison, Topeka & Santa Fé Railroad v. GabbertSupreme Court of Kansas · 1885
- St. Louis Southwestern Ry. Co. v. BuiceCourt of Appeals of Texas · 1924
- Atchison, Topeka & Santa Fé Railroad v. ShaftSupreme Court of Kansas · 1886
- Chicago, Rock Island & Pacific Railway Co. v. GreenCourt of Appeals of Kansas · 1896
- Edmunds v. Salt Lake & L. A. Ry. Co.Utah Supreme Court · 1921