St. Louis & San Francisco Railway Co. v. Kinman
Supreme Court of Kansas
Error from Greenwood District Court. Action to recover damages for killing stock. Judgment for plaintiff, Kinman, at the May term, 1889. The defendant Railway Company brings the case here. The opinion states the facts.
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Error from Greenwood District Court. Action to recover damages for killing stock. Judgment for plaintiff, Kinman, at the May term, 1889. The defendant Railway Company brings the case here. The opinion states the facts. It was improper to ask the plaintiff whether he had a conversation with any of the agents of the defendant about the killing of this stock, for it was wholly immaterial in this case whether the plaintiff may have talked with anybody who might have been an agent of the company or who claimed to represent the company. The statute provides that a demand may be made upon the…
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
This was an action brought in the district court of Greenwood county by Archie Kinman against the St. Louis & San Francisco Railway Company, under the *629act of 1874 relating to the killing of stock by railroad companies. (Gen. Stat. 1889, ¶¶1251-1256.) While it appears that the defendant’s railway in the present case was inclosed with a good and lawful fence, yet it would seem that the plaintiff had a private crossing over the defendant’s right-of-way, and that a gate for the benefit of the plaintiff was placed by the railway company in one…
2Cases cited1 opinion
- Missouri Pacific Railway Co. v. StultsSupreme Court of Kansas · 1884
3Cited by3 opinions
- Connell v. McLoughlinOregon Supreme Court · 1895
- Becker v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1904
- Chicago, Kansas & Western Railroad v. TottenCourt of Appeals of Kansas · 1895