Chicago, Rock Island & Pacific Railway Co. v. Clonch
Court of Appeals of Kansas
Memorandum. — Error from Jackson district court; Robert Crozier, judge. Action by C. C. Clonch against The Chicago, Rock Island and Pacific Railway Company for killing stock. Verdict for defendant. From an order granting a new trial, defendant brings the case to this court.
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Memorandum. — Error from Jackson district court; Robert Crozier, judge. Action by C. C. Clonch against The Chicago, Rock Island and Pacific Railway Company for killing stock. Verdict for defendant. From an order granting a new trial, defendant brings the case to this court. The statement of the case, as made by Clark, J., is as follows : This action was brought in the district court of Jackson county by C. C. Clonch, to recover from the Chicago, Rock Island & Pacific Railway Company the value of two mules, one mare, and two colts, which were killed by the defendant in the operation of its…
1Opinion of the Court
The opinion of the court was delivered by
Clark, J. :
The record shows that the amendment to the petition was allowed ‘ ‘ in order to conform the petition to the facts proved,” but, even if the original petition had contained all of the allegations of the amended petition, the jury could not, under the evidence, have found otherwise than in favor of the defendant. How, then, can it be said that the amendment conformed the petition to the facts proved? It might with much more propriety be said that the al*734legations of the amended petition were clearly contro-. verted by the evidence. If the…
2Cases cited8 opinions
- Chicago, Rock Island & Pacific Railroad v. City of JolietIllinois Supreme Court · 1875
- Muldowney v. Ill. Cent. Ry. Co.Supreme Court of Iowa · 1873
- City of Topeka v. SherwoodSupreme Court of Kansas · 1888
- Indiana, Bloomington & Western Railway Co. v. HaleIndiana Supreme Court · 1884
- McGrath v. Detroit, Mackinac & Marquette R. R.Michigan Supreme Court · 1885
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3Cited by2 opinions
- Niagara Fire Insurance v. JohnsonCourt of Appeals of Kansas · 1896
- City of Holton v. HicksCourt of Appeals of Kansas · 1899