Legal Opinion

Fitzpatrick v. Gebhart

Supreme Court of Kansas

Decided January 15, 1871PublishedCited by 27 opinions

Error from Jefferson District Court. Simon Gerhart brought his action, against Patrick Fitzpatrick to recover damages for injuries to the lands, buildings and fences of the plaintiff.

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Error from Jefferson District Court. Simon Gerhart brought his action, against Patrick Fitzpatrick to recover damages for injuries to the lands, buildings and fences of the plaintiff. The petition set forth two causes of action; first, that the plaintiff on the 26th day of February, 1869, was the owner of a certain tract of land, (describing it;) that on that day he owned “ 5,000 rails and 2,000 pieces and sticks of wood, used for fence stakes,” which rails and-stakes were then standing and being on said land: that on said day “ the defendant by himself, his agents, employes, and servants,…

1Opinion of the Court

The opinion of the court was delivered by

Valentine, J.:

This was an action for injuries done to and upon certain real estate. The petition in the court below consisted of two counts, and set up two causes of action: First, that the defendant, (who is plaintiff in error,) carried away and destroyed certain rails, pieces of wood, etc., from the land of the plaintiff, (defendant in error;) Second, that the defendant injured a certain dwelling-house of the plaintiff, situated on said land. The action was tried by a jury, and the jury found a verdict on both counts of the petition in favor of the…

Also in this document: Concurrence.

2Cited by27 opinions

  1. Harris v. ShanahanSupreme Court of Kansas · 1963
  2. Mitchell v. MilhoanSupreme Court of Kansas · 1873
  3. Emery v. BennettSupreme Court of Kansas · 1916
  4. Avery v. SpicerSupreme Court of Connecticut · 1916
  5. Hefley v. BakerSupreme Court of Kansas · 1877

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