Legal Opinion

Missouri Pacific Railway Co. v. Wilson

Supreme Court of Kansas

Decided July 15, 1882PublishedCited by 8 opinions

Error from Lyon District Court. At the March Term, 1882, of the district court, Wilson recovered a judgment against The Missouri Pacific Railway Company for the sum of $16, for damages for killing a heifer belonging to the plaintiff, and for the further sum of $40.25 for costs of suit.

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Error from Lyon District Court. At the March Term, 1882, of the district court, Wilson recovered a judgment against The Missouri Pacific Railway Company for the sum of $16, for damages for killing a heifer belonging to the plaintiff, and for the further sum of $40.25 for costs of suit. The jury returned a general verdict for the plaintiff, and answered in writing the following questions.: “1. If a steam whistle had been sounded at least, eighty rods from the place where the engine struck the animal to recover the value of which this action is brought, would such sounding the whistle in any…

1Opinion of the Court

The opinion of the court was delivered by

Horton, C. J.:

This was an action for damages for the negligent killing of defendant in error’s heifer by a freight train on plaintiff in error’s road. The facts in the case are briefly these: Wilson (plaintiff below) was the owner of a heifer, which he turned out of his corral into the public highway on the morning of June 29, 1881. On the evening of that day, the heifer, in a drove of cattle numbering from one hundred to one hundred and fifty, came down the highway which crosses the railroad near Wilson’s house, and in attempting to cross the railroad…

2Cases cited5 opinions

  1. U. P. R. W. Co. v. RollinsSupreme Court of Kansas · 1869
  2. Leavenworth, Lawrence & Galveston Railroad v. RiceSupreme Court of Kansas · 1872
  3. Kuhn v. C., R. I. & P. R. Co.Supreme Court of Iowa · 1876
  4. Central Branch Railroad v. PhillipiSupreme Court of Kansas · 1878
  5. Rockford, Rock Island & St. Louis Railroad v. LewisIllinois Supreme Court · 1871

3Cited by8 opinions

  1. Atchison, T. & S. F. Ry. Co. v. Davis & YoungSupreme Court of Oklahoma · 1910
  2. Missouri Pacific Railway Co. v. ReynoldsSupreme Court of Kansas · 1883
  3. Atchison, Topeka & Santa Fé Railroad v. DavisSupreme Court of Kansas · 1884
  4. Kansas City, Fort Scott & Gulp Railroad v. CravensSupreme Court of Kansas · 1890
  5. Lewis v. Norfolk Southern RailroadSupreme Court of North Carolina · 1913

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