Legal Opinion

Fort Scott, Wichita & Western Railway Co. v. Sparks

Supreme Court of Kansas

Decided January 15, 1895PublishedCited by 6 opinions

Error from Ilarvey District Court. On tlie 13th. day of July, 1883, J. II. Sparhs commenced his action against the Fort Scott, Wichita & Western Railway Company and the Missouri Pacific Pailway Company to recover' $50,000 for personal injuries which he alleged resulted to him from the negligence of the companies. ’ Trial had, at the February term of the court for 1890, before the court with a jury.

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Error from Ilarvey District Court. On tlie 13th. day of July, 1883, J. II. Sparhs commenced his action against the Fort Scott, Wichita & Western Railway Company and the Missouri Pacific Pailway Company to recover' $50,000 for personal injuries which he alleged resulted to him from the negligence of the companies. ’ Trial had, at the February term of the court for 1890, before the court with a jury. On the 3d day of March, 1890, the jury returned a verdict in favor of the plaintiff and against the defendants for $10,000, and also made special findings of fact in writing. On the 3d of March,…

1Opinion of the Court

The opinion of the court was delivered by ’

HortoN, C. J. :

The Fort Scott, Wichita & Western Railway Company, on the 18th day of May, 1888, made a written contract with J. H. Sparks to transport eight car-loads, consisting of 107 head of cattle and 75 hogs, from Cónway Springs., in this state, via Kansas City, Mo., to Chicago, Ill.,'and to carry Sparks on the train in which his stock was taken. The contract was signed by Sparks and C. M. Stewart, the agent of the railway company, in duplicate. One was delivered to Sparks prior to the shipment of the stock and the other was retained by the…

2Cases cited7 opinions

  1. Indianapolis & St. Louis Railroad v. HorstSupreme Court of the United States · 1876
  2. Kroy v. Chicago, R. I. & P. R. R.Supreme Court of Iowa · 1871
  3. Goggin v. Kansas Pacific Railway Co.Supreme Court of Kansas · 1874
  4. Mason v. Missouri Pacific Railway Co.Supreme Court of Kansas · 1882
  5. Atchison, Topeka & Santa Fé Railroad v. LindleySupreme Court of Kansas · 1889

2 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Winters v. Baltimore & O. R.Court of Appeals for the Sixth Circuit · 1910
  2. Scrivner v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1914
  3. Leslie v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1910
  4. Hulet v. PayneCourt of Appeals for the Eighth Circuit · 1922
  5. Winters v. Baltimore & O. R. Co.U.S. Circuit Court for the District of Southern Ohio · 1908

1 more not listed; retrieve them via the Exa API.

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