Manhattan, Alma & Burlingame Railway Co. v. Stewart
Supreme Court of Kansas
Error from, Riley District Court. Action brought by Stewart against the Railway Company, to recover the value of a mare alleged to have been killed by the defendant. This case has been here before. ( 27 Kas. 631.) After it was remanded for a new trial, another trial was had, at the December Term for 1882, of the district court.
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Error from, Riley District Court. Action brought by Stewart against the Railway Company, to recover the value of a mare alleged to have been killed by the defendant. This case has been here before. ( 27 Kas. 631.) After it was remanded for a new trial, another trial was had, at the December Term for 1882, of the district court. The court charged the jury as follows: “ 1. It is charged in the bill of particulars in.this case that the defendant, the Manhattan, Alma & Burlingame railway company, did, about the 26th day of September, 1880, with an engine attached to a train of cars and operated…
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
Upon the trial, one Halloways, a witness for the plaintiff below, was asked the question, “How long does it take to stop a train?” The railway company objected to the question as incompetent and immaterial, and because the witness was not an expert. The objection was overruled, and the witness answered: “ It takes about one hundred yards to stop a train.” The purpose of the question was to establish the negligence of the company, and the plaintiff sought, to show by the answer of the witness that the train was not, stopped within the…
2Cases cited1 opinion
- Central Branch Railroad v. PhillipiSupreme Court of Kansas · 1878
3Cited by4 opinions
- Kendrick v. Atchison, Topeka & Santa Fe RailroadSupreme Court of Kansas · 1958
- Thayer v. Denver & Rio Grande R. R.New Mexico Supreme Court · 1916
- Union Pacific Railway Co. v. ShannonSupreme Court of Kansas · 1885
- Kendrick v. Atchison, Topeka & Santa Fe RailroadSupreme Court of Kansas · 1958