Kansas City, Ft. Scott & Gulf Rld. v. McHenry
Supreme Court of Kansas
Error from Linn District Court. Action brought by McHenry against the Railroad Company, to recover damages for killing a cow and two hogs belonging to plaintiff. Trial by the court at the April Term, 1880, when the court found for the plaintiff $25 damages for the cow killed as alleged in the petition, $8.50 for one hog killed, and $35 as attorney’s fee. Judgment accordingly for the plaintiff. The Railroad Company brings the case here. The opinion states the facts.
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
This was an action under the railroad stock law of 1874, to recover for the killing of a cow and two hogs. The petition contained, also, allegations of negligence and carelessness on the part of the railroad company. The plaintiff in error claims two errors: first, that no legal demand was ever made by McHenry on the railroad company; and second, that, under the facts, the railroad company is not liable for the hogs, even if a demand was made.
The evidence tending to show a demand on the part of the owner of the animals was as follows.…
2Cases cited4 opinions
- St. Joseph & Denver City Railroad v. GroverSupreme Court of Kansas · 1873
- Kansas Pacific Railway Co. v. BallSupreme Court of Kansas · 1878
- Atchison, Topeka & Santa Fé Railroad v. YatesSupreme Court of Arkansas · 1879
- Atchison, Topeka & Santa Fé Railroad v. HegwirSupreme Court of Arkansas · 1879
3Cited by12 opinions
- Caspar v. LewinSupreme Court of Kansas · 1910
- Missouri Pacific Railway Co. v. HaleySupreme Court of Kansas · 1881
- Chattanooga Ry. & Light Co. v. BettisTennessee Supreme Court · 1917
- Atchison, Topeka & Santa Fé Railroad v. McGinnisSupreme Court of Kansas · 1891
- Patee v. AdamsSupreme Court of Kansas · 1887
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