A. T. & Santa Fé Railroad v. Jones
Supreme Court of Kansas
Error from Atchison District Court. Jones and A. Cushman brought their action to recover the value of a mare owned by them, alleging that such animal had been killed by the moving train of cars of the defendant company. All necessary facts appear in-the subjoined opinion. Jones and Cushman had judgment, at June Term 1877, for $110 and costs, and the Railroad Company brings the case here.
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
Statement of facts. This was an action under the stock-killing law of 1874; and the substantial question is, whether the facts in the case establish a liability under that statute. The undisputed facts are, that the railroad company’s track runs through the land of plaintiff, and is unfenced; that on said land it crosses a bridge of some forty to sixty feet in length, and that said bridge is a tie bridge, with ties several inches apart; that a mare belonging to plaintiffs was on the track when the train approached, and, frightened thereby,…
Also in this document: Concurrence.
2Cited by11 opinions
- International & Great Northern Railroad v. HughesTexas Supreme Court · 1887
- Union Pacific Railway Co. v. DycheSupreme Court of Kansas · 1882
- Meeker v. N. P. R. R. Co.Oregon Supreme Court · 1892
- Chicago, Burlington & Quincy Railroad v. CoxNebraska Supreme Court · 1897
- Prickett v. Atchison, Topeka & Santa Fé RailroadSupreme Court of Kansas · 1885
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