Kansas City, Lawrence & Southern Railroad v. Neville
Supreme Court of Kansas
Error from Anderson District Court. A.ction brought by Neville against the Railroad Company, to recover damages for killing a cow and a steer belonging to plaintiff. Trial at the March Term, 1880, of the district court, and judgment for plaintiff for $65 damages, $30 attorney’s fee (including fees before the justice and in the district court), and for costs. The defendant brings the case here. The opinion states the facts.
1Opinion of the Court
The opinion of the court was delivered by
"VALENTINE, J.:
This was an action brought by John M. Neville against the Kansas City, Lawrence & Southern railroad company, for killing certain stock of his in Anderson county, Kansas. The action was based upon the railroad stock law of 1874. (Comp. Laws of 1879, pp. 784, 785.) Under the provisions of such law every railroad company is made liable for all stock killed by it in operating its road, except where such “road is inclosed with a good and lawful fence to prevent such animals from being on such road.” (Sec. 5 of said law.) The action was…
2Cases cited1 opinion
- Kansas Pacific Rly. Co. v. WoodSupreme Court of Kansas · 1880
3Cited by4 opinions
- Kansas City, Fort Scott & Gulf Railroad v. FosterSupreme Court of Kansas · 1888
- St. Louis & San Francisco Railway Co. v. DudgeonSupreme Court of Kansas · 1882
- Missouri Pacific Railway Co. v. PiperSupreme Court of Kansas · 1881
- Missouri Pacific Railroad v. LeggettSupreme Court of Kansas · 1882