Lukens v. Freiund
Supreme Court of Kansas
Error from Aiohison District Court. Action originally brought before a justice of the peace by Ereiund against Lukens and two others, partners as Lukens & North, to recover $35 damages. The nature of the action, and the facts, appear in the opinion. On the trial before the justice, judgment was rendered for the defendants. The plaintiff appealed.
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Error from Aiohison District Court. Action originally brought before a justice of the peace by Ereiund against Lukens and two others, partners as Lukens & North, to recover $35 damages. The nature of the action, and the facts, appear in the opinion. On the trial before the justice, judgment was rendered for the defendants. The plaintiff appealed. Trial at the June Term, 1881, of the district court, before C. T. G., judge 'pro tern., and a jury, and verdict and judgment for plaintiff for $31.66$. The defendants.bring the case here.
1Opinion of the Court
The opinion of the court was delivered by
Bkewek, J.:
The facts in this case are substantially as follows : The plaintiff is a farmer living near the city of Atchison. Defendants are doing business as millers in the city of Atchison. Plaintiff was in the habit of stopping there and buying bran for the purpose of feeding his stock. On January 31, 1880, in the usual way, he stopped and bought a sack of bran, paying therefor forty cents. In the bran were two copper clasps, such as were used about the mill. These clasps were swallowed by one of plaintiff’s cows, and lodging, one in the paunch and…
2Cases cited13 opinions
- State ex rel. Peters v. McCollisterOhio Supreme Court · 1841
- Commonwealth v. DudleyMassachusetts Supreme Judicial Court · 1813
- Moses v. MeadCourt for the Trial of Impeachments and Correction of Errors · 1845
- Hoover v. PetersMichigan Supreme Court · 1869
- Craver v. HornburgSupreme Court of Kansas · 1881
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3Cited by26 opinions
- Jacob E. Decker & Sons, Inc. v. CappsTexas Supreme Court · 1942
- Graham v. Bottenfield's, Inc.Supreme Court of Kansas · 1954
- Windram Manufacturing Co. v. Boston Blacking Co.Massachusetts Supreme Judicial Court · 1921
- Poovey v. International Sugar Feed No. Two Co.Supreme Court of North Carolina · 1926
- Challis v. HartloffSupreme Court of Kansas · 1933
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