Kansas City, Lawrence & Southern Kansas Railway Co. v. Bolson
Supreme Court of Kansas
Error from Montgomery District Court. Action brought by Bolson before a justice of the peace, against The Railway Company, to recover damages of the defendant for killing a cow belonging to plaintiff. The defendant made no appearance before the justice; judgment for plaintiff; defendant appealed; plaintiff filed an amended bill of particulars; defendant filed no answer. Trial by jury, at the December Term, 1884, and judgment for plaintiff for $35 damages and $225 costs.
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Error from Montgomery District Court. Action brought by Bolson before a justice of the peace, against The Railway Company, to recover damages of the defendant for killing a cow belonging to plaintiff. The defendant made no appearance before the justice; judgment for plaintiff; defendant appealed; plaintiff filed an amended bill of particulars; defendant filed no answer. Trial by jury, at the December Term, 1884, and judgment for plaintiff for $35 damages and $225 costs. The defendant brings the case to this court.
1Opinion of the Court
Opinion by
Clogston, C.:
The defendant in error has filed no brief, and therefore we cannot say upon what theory he claims that the judgment ought to be sustained. The plaintiff in error claims, first, that there is no evidence shown in the record to prove that the defendant is a corporation; and second, that there is a failure to prove that the injury complained of was caused by the negligence of the defendant, or of its agents or servants. As to the first of these propositions, we think the learned counsel are in error; and we first suggest this question: Was it necessary for the plaintiff to…
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