Kansas City, Fort Scott & Gulf Railroad v. Hines
Supreme Court of Kansas
Error from Bourbon District Court. Action by Hines against The Railroad Company, to recover the value of his cow, alleged to have been killed by the defendant company. Trial at the September term, 1883, before E. F.W., jiidge pro tern., and a jury. The plaintiff offered in evidence the deposition of G. PI.
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Error from Bourbon District Court. Action by Hines against The Railroad Company, to recover the value of his cow, alleged to have been killed by the defendant company. Trial at the September term, 1883, before E. F.W., jiidge pro tern., and a jury. The plaintiff offered in evidence the deposition of G. PI. Corbett, but the defendant objected to such evidence and all evidence on behalf of the plaintiff, because the facts have been heretofore agreed upon by the parties, as is shown by the agreed statement of facts on file. Defendant also objected to the issues being submitted to a jury, for the…
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
This case has once before been to this court. (K. C. Ft. S. & G. Rld. Co. v. Hines, 29 Kas. 695.) When the case was returned to the district court it was again tried by the court and a jury, and judgment was again rendered in favor of the plaintiff, Hines, and against the defendant railroad company; and the defendant, as plaintiff in error, again complains. On the second trial of the case in the district court the same agreed statement of facts was introduced in evidence as on the first trial, and such other evidence was introduced as the…
2Cases cited2 opinions
- Stewart v. Manhattan, Alma & Burlingame RailroadSupreme Court of Kansas · 1882
- Kansas City, Fort Scott & Gulf Railroad v. HinesSupreme Court of Kansas · 1883
3Cited by2 opinions
- Bunnell v. Rio Grande Western Railway Co.Utah Supreme Court · 1896
- Preece v. Oregon Short Line R.Utah Supreme Court · 1916