Pacific Railroad v. Brown
Supreme Court of Kansas
Error from Wyandotte District Court. Action by Brown to recover damages for the alleged killing of two horses by the Railroad Company, “by so carelessly and negligently running and managing its locomotive and cars that the same ran against and over said horses,” etc. Answer, general denial, and negligence on the part of plaintiff. Trial at the October Term 1873. Verdict and judgment in favor of plaintiff for $368, and the Railroad Com/pamy brings the case here on error.
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Error from Wyandotte District Court. Action by Brown to recover damages for the alleged killing of two horses by the Railroad Company, “by so carelessly and negligently running and managing its locomotive and cars that the same ran against and over said horses,” etc. Answer, general denial, and negligence on the part of plaintiff. Trial at the October Term 1873. Verdict and judgment in favor of plaintiff for $368, and the Railroad Com/pamy brings the case here on error. The instructions refused, are quoted in the opinion. 1. The court erred in refusing to give the 5th instruction asked for by…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
This was an action to recover damages for the killing of a span of horses. The errors assigned are in refusing certain instructions asked by the plaintiff in error, and in overruling a motion for a new trial. So far as the first of these errors is concerned, it would be sufficient to say, that the record fails to give the charge of the court, or the instructions (if any) given at the instance of the defendant in error, or to show that the instructions preserved were the only ones given. It may be that the instructions refused were so re*473fused…
2Cases cited3 opinions
- Wilson v. FullerSupreme Court of Kansas · 1872
- Ferguson v. GravesSupreme Court of Kansas · 1873
- DaLee v. BlackburnSupreme Court of Kansas · 1873
3Cited by7 opinions
- Atchison, T. & S. F. Ry. Co. v. Davis & YoungSupreme Court of Oklahoma · 1910
- Bostwick v. Minneapolis & Pacific Railway Co.North Dakota Supreme Court · 1892
- Atchison, T. & S. F. Ry. Co. v. WardSupreme Court of Oklahoma · 1911
- St. Louis S. F. R. Co. v. HiggsSupreme Court of Oklahoma · 1914
- Atchison, Topeka & Santa Fé Railroad v. DavisSupreme Court of Kansas · 1884
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