Leavenworth, Topeka & Southwestern Railway Co. v. Forbes
Supreme Court of Kansas
Error from Leavenworth District Court. Action brought by IF. J. Forbes, in a justice’s court, to recover the value of certain hogs killed by the defendant company in the operation of its railway. The defendant made default, and judgment was rendered for the plaintiff for $60 and costs. The defendant appealed to the district court.
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Error from Leavenworth District Court. Action brought by IF. J. Forbes, in a justice’s court, to recover the value of certain hogs killed by the defendant company in the operation of its railway. The defendant made default, and judgment was rendered for the plaintiff for $60 and costs. The defendant appealed to the district court. In that court the plaintiff made a special appearance, and moved to dismiss the appeal for the reason that the judgment was rendered on default in the justice’s court, and said defendant did not proceed under §114 of the justices code to have the judgment set aside…
1Opinion of the Court
*447Opinion by
Clogston, C.:
The plaintiff in error assigns but two errors for review: First, that the court erred in refusing to give the instructions asked by the defendant; second, that the special findings of fact are not sustained by the evidence. The special instructions asked by the defendant are as follows:
“ 1. In townships where hogs are not by law permitted to run at large, a legal and sufficient fence may have its lower rail, board or plank two- feet from the ground.
“2. If a legal and sufficient fence as just defined inclosing the defendant’s railway in and through the township in which…
2Cases cited10 opinions
- Hallock v. JaudinCalifornia Supreme Court · 1867
- Clendenning v. Crawford & McLaughlinNebraska Supreme Court · 1878
- Central Branch Railroad v. LeaSupreme Court of Kansas · 1878
- Brayton v. County of DelawareSupreme Court of Iowa · 1864
- Long v. SharpOregon Supreme Court · 1875
5 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Gustafson v. BowlingSupreme Court of Kansas · 1944
- Briscoe v. AlfreySupreme Court of Arkansas · 1895
- Ball Ranch Co. v. HendricksonMontana Supreme Court · 1915
- Perrott v. OwenSouth Dakota Supreme Court · 1895
- Randle v. PayneAlabama Court of Appeals · 1958
2 more not listed; retrieve them via the Exa API.