Central Branch Railroad v. Phillipi
Supreme Court of Kansas
jError from Jackson District Court. In June 1876, Phillipi recovered a judgment before a justice of the peace for $35 damages for killing a cow and injuring another, and for $15 for attorney-fees, and costs of suit, against the Central Branch U. P. Railroad Co. No testimony was offered by the Railroad Company. The evidence presented in behalf of Phillipi was all preserved in a bill of exceptions.
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jError from Jackson District Court. In June 1876, Phillipi recovered a judgment before a justice of the peace for $35 damages for killing a cow and injuring another, and for $15 for attorney-fees, and costs of suit, against the Central Branch U. P. Railroad Co. No testimony was offered by the Railroad Company. The evidence presented in behalf of Phillipi was all preserved in a bill of exceptions. The record was taken by petition in error to the district court, where, at the October Term 1876, the judgment was modified by striking out the amount allowed for attorney-fees, but in all other…
1Opinion of the Court
*12The opinion of the court was delivered by
Brewer, J.:
This was an action to recover damages for stock killed. Judgment was rendered by the justice of the peace in favor of the plaintiff. This judgment was, as to all matters now in controversy, affirmed by the district court, upon proceedings in error. And to reverse this judgment of affirmance, this petition in error has been filed in this court.
No question under the stock-killing law of 1874 arises in this case, as the cattle were killed at a public crossing. The bill of particulars alleged that they were killed through the negligence of the…
2Cases cited1 opinion
- Leavenworth, Lawrence & Galveston Railroad v. RiceSupreme Court of Kansas · 1872
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