Legal Opinion

Kansas Pacific Railway Co. v. Pointer

Supreme Court of Kansas

Decided July 15, 1874PublishedCited by 50 opinions

Error from, Atchison Eistrict Court. This case was here once before, and is reported in 9 Kas., 620, where a full statement of the pleadings, and of the main facts will be found, pp. 621, 622. On being remanded to the district court, another trial was had, at the June Term 1873. The facts, as proven on this trial, were set forth in a special verdict, which will be found in the opinion, infra.

Read the full summary

Error from, Atchison Eistrict Court. This case was here once before, and is reported in 9 Kas., 620, where a full statement of the pleadings, and of the main facts will be found, pp. 621, 622. On being remanded to the district court, another trial was had, at the June Term 1873. The facts, as proven on this trial, were set forth in a special verdict, which will be found in the opinion, infra. The jury found for the plaintiff, Pointer, and assessed his damages at $5,000. The Railway Company brings the case here on error. 1. The jury, by their 12th finding, found that Pointer’s injury was…

1Opinion of the Court

The opinion of the court was delivered by

Brewer, J.:

This was an action brought by Pointer in the district court of Leavenworth county, for personal injury by being knocked down and run over by the cars of plaintiff in error, near the railroad depot in the city of Leavenworth, *45on the 4th of February, 1870. The venue was changed to Atchison county, and the cause was tried before a court and a jury, in June, 1873, and the jury returned the following special verdict:

“We the jury find for a special verdict in the above entitled action, the following:
“First, That on or before the 4th of February,…

2Cases cited7 opinions

  1. Detroit & Milwaukee Railroad v. Van SteinburgMichigan Supreme Court · 1868
  2. Railway Co. v. Whitton's AdministratorSupreme Court of the United States · 1872
  3. U. P. R. W. Co. v. RollinsSupreme Court of Kansas · 1869
  4. Union Pacific Railway Co. v. HandSupreme Court of Kansas · 1871
  5. Kansas Pacific Railway Co. v. PointerSupreme Court of Kansas · 1872

2 more not listed; retrieve them via the Exa API.

3Cited by50 opinions

  1. Cowell v. Springs Co.Supreme Court of the United States · 1879
  2. Wheeler v. Oregon Railroad & Navigation Co.Idaho Supreme Court · 1909
  3. McKelvey v. Ches. & Ohio R'y Co.West Virginia Supreme Court · 1891
  4. Slaughter v. Metropolitan Street Railway Co.Supreme Court of Missouri · 1893
  5. Koster v. MatsonSupreme Court of Kansas · 1934

45 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API