Missouri Pacific Railway Co. v. Johnston
Supreme Court of Kansas
Error from Neosho District Court. Action brought by R. A. Johnston against the Missouri Pacific Railway Company, on Ahgust23,1884, under the railway stock law of 1874, to recover damages for five three-year-old steers belonging to the plaintiff, alleged to have been killed June 4, 1884, by the defendant in the operation of its railway.
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Error from Neosho District Court. Action brought by R. A. Johnston against the Missouri Pacific Railway Company, on Ahgust23,1884, under the railway stock law of 1874, to recover damages for five three-year-old steers belonging to the plaintiff, alleged to have been killed June 4, 1884, by the defendant in the operation of its railway. The cause was submitted to the court upon the following agreed statement of facts: “The defendant is a corporation duly organized and incorporated under the laws of the state of Missouri. On the 4th day of June, 1884, and long prior to said date and ever since…
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
In this case, it appears from the agreed statement of facts that the plaintiff’s cattle escaped from his pasture and wandered from the public highway upon the uninclosed land of one Alva Clark, through which the defendant’s railway runs; the railway was not fenced, and the cattle entered upon it and were run over by a train; their escape had not been discovered, and there was no one in pursuit; the herd law of 1872 was in force in the county. It is claimed on the part of the railway company, defendant below, that the plaintiff was bound…
2Cases cited2 opinions
- Central Branch Railroad v. LeaSupreme Court of Kansas · 1878
- Kansas Pacific Railway Co. v. WigginsSupreme Court of Kansas · 1880
3Cited by4 opinions
- Wilson v. RuleSupreme Court of Kansas · 1950
- Abbott v. HowardSupreme Court of Kansas · 1950
- Missouri Pacific Railway Co. v. OldenSupreme Court of Kansas · 1905
- Abbott v. HowardSupreme Court of Kansas · 1950