Legal Opinion

St. Louis, Wichita & Western Railway Co. v. Curl

Supreme Court of Kansas

Decided July 15, 1882PublishedCited by 23 opinions

Error' from Labette Eistriet Court. At the May Term, 1881, of the district court, plaintiff Curl had judgment for $195 against the defendant Railway Company, which brings the case here. The nature of the action, and the facts, appear in the opinion.

1Opinion of the Court

*623The opinion of the court was delivered by

Brewer, J.:

But a single question is presented in this case. Defendant in error, plaintiff below, was the owner of' a certain fenced field, through which the defendant company constructed its railway track. In the construction of said road no sufficient cattle-guards were placed where the road entered and left the field. In consequence of this omission,, the plaintiff suffered injuries in the loss of his pasture and from damages to his crops by straying cattle. After the defendant had constructed its railway track, it leased the same-to the St. Louis &…

2Cases cited3 opinions

  1. Swords v. . EdgarNew York Court of Appeals · 1874
  2. Kansas Pacific Rly. Co. v. WoodSupreme Court of Kansas · 1880
  3. Ditchett v. . S.D. P.M.R.R. Co.New York Court of Appeals · 1876

3Cited by23 opinions

  1. Arrowsmith v. Nashville & D. R.U.S. Circuit Court for the District of Tennessee · 1893
  2. Hukill v. Maysville & B. S. R. Co.U.S. Circuit Court for the District of Kentucky · 1896
  3. Nugent v. Boston, Concord & Montreal RailroadSupreme Judicial Court of Maine · 1888
  4. Murray v. Lehigh Valley RailroadSupreme Court of Connecticut · 1895
  5. Moorshead v. United Railways Co.Supreme Court of Missouri · 1907

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