Legal Opinion

Atchison, Topeka & Santa Fe R. R. Co. v. Tanner

Supreme Court of Colorado

Decided April 15, 1894PublishedCited by 10 opinions

Appeal from the District Court of Fremont County. Action for damages for the destruction and conversion of personal property and for penalties under the statute.

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Appeal from the District Court of Fremont County. Action for damages for the destruction and conversion of personal property and for penalties under the statute. The causes of action in plaintiff’s complaint are of four kinds; the first five counts allege in substance that the defendant company negligently ran its locomotive and cars against and over, and thereby killed, seven certain American steers of plaintiff of the alleged value of $85.00 each, and then and there converted said steers to the use of defendant. The killing and conversion of the steers are alleged to have been between…

1Opinion of the CourtJustice Elliott

On this appeal errors and cross errors are assigned. Plaintiff complains of the judgment of nonsuit as to causes of action numbered 1, 2, 8, 4, 5, 6, and 12; defendant complains of the verdict directed against it on the remaining causes of action, except cause numbered 7 ; it was agreed on the trial that the value of the grass destroyed was $80.00, and that plaintiff was entitled to recover that amount.

*5621. The last five causes of action were for the recoveiy of twice the value of each of the animals killed respectively, as provided by the act of 1887, Session Laws, p. 420. This sum was…

2Cases cited6 opinions

  1. The HarrisburgSupreme Court of the United States · 1886
  2. Missouri Pacific Railway Co. v. HumesSupreme Court of the United States · 1885
  3. Wadsworth v. Union Pacific Ry. Co.Supreme Court of Colorado · 1893
  4. Barnett v. Atlantic & Pacific RailroadSupreme Court of Missouri · 1878
  5. Chivington v. Colorado Springs Co.Supreme Court of Colorado · 1886

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

3Cited by10 opinions

  1. Palmer v. AH Robins Co., Inc.Supreme Court of Colorado · 1984
  2. Carlson v. McCoySupreme Court of Colorado · 1977
  3. Kruse v. McKennaSupreme Court of Colorado · 2008
  4. Western Electrical Co. v. PickettSupreme Court of Colorado · 1911
  5. Ehrlich Feedlot, Inc. v. OldenburgColorado Court of Appeals · 2006

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

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