Chicago, Kansas & Western Railroad v. Totten
Court of Appeals of Kansas
Memorandum. — Error from Reno district court; L. Houk, judge. Action by T. B. Totten against the Chicago, Kansas & Western Railroad Company to recover damages. Judgment for plaintiff; defendant brings the case here.
1Opinion of the Court
The opinion of the court was delivered by
Cole, J. :
T. B. Totten brought his action in the district court -of Reno county against the Chicago, Kansas & Western Railroad Company for damages arising out of the alleged killing by said company of a span of horses and the destruction of a wagon on the line of road of said company. Some time after the filing of the original petition in said action, an *560amended petition was filed by leave of the court, but without notice to the railroad company, and the overruling by the court of a motion filed by the company to strike said amended petition from the…
2Cases cited3 opinions
- Union Pacific Rly. Co. v. HarrisSupreme Court of Kansas · 1882
- Kansas Pacific Railway Co. v. BallSupreme Court of Kansas · 1878
- St. Louis & San Francisco Railway Co. v. KinmanSupreme Court of Kansas · 1892
3Cited by3 opinions
- Mace v. BoedkerSupreme Court of Iowa · 1905
- Zobrist v. CulpCourt of Appeals of Washington · 1977
- Nordean v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Wisconsin Supreme Court · 1912