Legal Opinion

St. Louis & San Francisco Rly. Co. v. Byron

Supreme Court of Kansas

Decided July 15, 1880PublishedCited by 2 opinions

Error from Crawford District Court. Action under the stock law of 1874, brought by Byron against the Railway Company, to recover damages for killing a mare belonging to plaintiff. Trial at the April Term, 1880, of the district court, and judgment for the plaintiff for $90 as damages, $35 as attorney’s fee, and for costs. A new trial being denied, the Railway Company brings the case here.

1Opinion of the Court

The opinion of the court was delivered by

Horton, C. J.:

On November 13,1879, the defendant in error brought his action under the stock law of 1874, before *351a justice of the peace in Crawford county, to recover damages for the killing of a mare belonging to him. Judgment was rendered by the justice of the peace against the plaintiff in error, from which judgment an appeal was taken to the district court. The case was tried at the April term, 1880, of the district court of Crawford county. The plaintiff in error objected to the introduction of any evidence, on the ground that no cause of action…

2Cases cited2 opinions

  1. Kansas Pacific Railway Co. v. TaylorSupreme Court of Kansas · 1877
  2. Hadley v. Central Branch Union Pacific RailroadSupreme Court of Kansas · 1879

3Cited by2 opinions

  1. Kansas City, Fort Scott & Gulf Railroad v. BurgeSupreme Court of Kansas · 1889
  2. St. Louis & San Francisco Railway Co. v. ArmstrongSupreme Court of Kansas · 1881

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