Atchison, Topeka & Santa Fé Railroad v. Griffis
Supreme Court of Kansas
Error from Chase;-District Court. Griffis sued the Railroad (Company before a justice of the peace, for the value of a certain steer calf killed by the cars of the defendant company.
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Error from Chase;-District Court. Griffis sued the Railroad (Company before a justice of the peace, for the value of a certain steer calf killed by the cars of the defendant company. Judgment was taken on default, and the case appealed to the district court, where it was tried by the court without a_-jury, at the December Term, 1881. The court, among other findings of fact, found that— ¡ “3. When the calf was struck by the cars of the defendant, it [the calf] was standing upon the crossing of the defendant railroad company’s track. This crossing was known as the ‘Simmons crossing,’ and had…
1Opinion of the Court
The opinion of the court was delivered by
Hobton, C. J.:
The only question raised in this case is based upon the findings of 'fact that the animal killed was struck by the cars of the railroad company upon a crossing used by the public for many years. There was no public way, however, laid put or of record across the track at this place. Counsel for the railroad company contend that the crossing was a highway defacto, and therefore that the company was excused from inclosing it with a fence. This identical question has been passed upon and decided in favor of the claim of plaintiff in error in…
2Cases cited1 opinion
- Soward v. Chicago & N. W. R. R.Supreme Court of Iowa · 1871
3Cited by2 opinions
- Atchison, Topeka & Sante Fé Railroad v. ShaftSupreme Court of Kansas · 1885
- Missouri Pacific Railway Co. v. KocherSupreme Court of Kansas · 1891