Legal Opinion

Berry v. Kansas City

Supreme Court of Kansas

Decided January 15, 1894PublishedCited by 31 opinions

Error from Bourbon District Court. ON December 24, 1887, Wm. Y. Berry was an engineer of the Missouri Pacific Railway Company, which company at that time was operating the Missouri, Kansas & Texas railway.

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Error from Bourbon District Court. ON December 24, 1887, Wm. Y. Berry was an engineer of the Missouri Pacific Railway Company, which company at that time was operating the Missouri, Kansas & Texas railway. He ran an engine from Sedalia, Mo., to Fort Scott, Kas., and while on one of his trips he was killed in Fort Scott, Bourbon county, in this state, at a crossing by a train of the Kansas-City, Fort Scott & Gulf Railroad Company, which in April, 1888, was consolidated with other railroads under the laws of Kansas, and constituted and became the Kansas City, Fort Scott & Memphis Railroad…

1Opinion of the Court

The opinion of the court was delivered by

iloRTON, C. J.:

We are called upon to review the action of the trial court upon the ease-made. It is insisted by the counsel of the railroad company that the petition in error should be dismissed, because the testimony produced upon the trial is not preserved in the record, and therefore that this court cannot determine whether the trial court committed any error in directing a verdict for the company. The testimony is not before us, and, if the case-made did not con*767tain statements explanatory of the rulings of the trial court, then, upon the…

2Cases cited6 opinions

  1. Thompson v. AbbottSupreme Court of Missouri · 1875
  2. Chicago, Rock Island & Pacific Railroad v. MoffittIllinois Supreme Court · 1874
  3. Commissioners of Sedgwick County v. BunkerSupreme Court of Kansas · 1876
  4. Kansas, Oklahoma & Texas Railway Co. v. SmithSupreme Court of Kansas · 1888
  5. State ex rel. Bradford v. CrossSupreme Court of Kansas · 1888

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

3Cited by31 opinions

  1. Atchison, Topeka & Santa Fe Railway Co. v. FajardoSupreme Court of Kansas · 1906
  2. State ex rel. Boynton v. Public Service CommissionSupreme Court of Kansas · 1932
  3. Atlantic & Birmingham Railway Co. v. JohnsonSupreme Court of Georgia · 1907
  4. City of Altoona v. Richardson Gas & Oil Co.Supreme Court of Kansas · 1910
  5. Chase v. Michigan Telephone Co.Michigan Supreme Court · 1899

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

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