Atchison, Topeka & Santa Fé Railroad v. Gabbert
Supreme Court of Kansas
Error from, Rice District Court. Action brought by Cabbert against The Railroad Company, to recover $500 and an attorney’s fee, for killing a jáckass belonging to the plaintiff. ■ Trial at the March Term, 1884, and verdict for plaintiff' for $280.13 damages, and $25 attorney’s fee. New trial denied, and judgment on the verdict for plaintiff, and for costs, taxed at $155.75. The defendant company brings the case here. The facts are stated in the opinion.
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
This was an action brought by Cal. R. Gabbert in the district court of Rice county, against the Atchison, Topeka & Santa Fe Railroad Company, to recover the sum of $500 and an attorneys’ fee, for the killing of a one-year-old jackass belonging to the plaintiff. The plaintiff alleged, among other things, the failure on the part of the defendant to fence its railroad, the straying of the animal from the plaintiff’s premises upon the railroad track without any fault on the part of the plaintiff, and the killing of the animal by the railroad…
2Cases cited7 opinions
- Mote v. Chicago & N. W. R. R.Supreme Court of Iowa · 1869
- Houston & Texas C. R. R. Co. v. MuldrowTexas Supreme Court · 1881
- Meyer v. Atlantic & Pacific RailroadSupreme Court of Missouri · 1877
- Atchison, Topeka & Santa Fé Railroad v. RiggsSupreme Court of Kansas · 1884
- Dean v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1877
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3Cited by4 opinions
- Atchison, Topeka & Santa Fe Railroad v. AyersSupreme Court of Kansas · 1895
- New York, Chicago & St. Louis Railroad v. ZumbaughIndiana Court of Appeals · 1895
- Kansas City, Fort Scott & Memphis Railroad v. BerrySupreme Court of Kansas · 1895
- Latham Mercantile & Commercial Co. v. HarrodSupreme Court of Kansas · 1910