Stewart v. Manhattan, Alma & Burlingame Railroad
Supreme Court of Kansas
Error from Riley District Court. Action brought by Stewart against the Railroad Company, to recover the value of a mare alleged to have been killed by the defendant. Trial at the September Term, 1881, of the ■district court, and judgment for defendant. The plaintiff brings the case here. The facts are stated in the opinion.
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
This was an action brought by plaintiff in error, plaintiff below, against the defendant, to recover the value of a certain mare alleged to have been run over and killed by an engine belonging to defendant. The case was commenced before a justice of the peace, and a bill of particulars filed. The defendant making no appearance before the justice, judgment was entered in favor of the plaintiff. Defendant appealed to the district court, and the case was there tried by the court, without a jury. The defendant filed no answer, and the case was…
2Cases cited5 opinions
- Ohio & Mississippi Railway Co. v. SelbyIndiana Supreme Court · 1874
- Indianapolis, Pittsburg, & Cleveland Railroad v. Keely's AdministratorIndiana Supreme Court · 1864
- City of Fort Wayne v. DeWittIndiana Supreme Court · 1874
- St. Louis & South-Eastern Railway Co. v. MathiasIndiana Supreme Court · 1874
- A. T. & Santa Fé Railroad v. EdwardsSupreme Court of Kansas · 1878
3Cited by2 opinions
- Atchison, Topeka & Santa Fé Railroad v. DavisSupreme Court of Kansas · 1884
- Kansas City, Fort Scott & Gulf Railroad v. HinesSupreme Court of Kansas · 1884