Central Branch Union Pacific Rld. v. Walters
Supreme Court of Kansas
jError from Cloud District Court. Action under the railroad stock law, brought by Walters against the Railroad Company, to recover damages for killing five horses and wounding another — all belonging to the plaintiff. Trial at the October Term, 1879, of the district court, and judgment for the plaintiff. ' The Railroad Company brings the case to this court. The opinion states the facts.
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jError from Cloud District Court. Action under the railroad stock law, brought by Walters against the Railroad Company, to recover damages for killing five horses and wounding another — all belonging to the plaintiff. Trial at the October Term, 1879, of the district court, and judgment for the plaintiff. ' The Railroad Company brings the case to this court. The opinion states the facts. It was error to permit to be read in evidence a copy of the demand on the. railroad company, for it was not the best evidence of the fact sought to be proven, and no proper foundation had been laid for the…
1Opinion of the Court
The opinion of the court was delivered by
"Valentine, J.:
This was an action under the railroad .stock-killing law of 1874. (Comp. Laws of 1879, p.784.) The railroad company was charged with killing five horses and wounding another (geldings and mares), belonging to the plaintiff below, defendant in error, Alanson Walters. Judgment was rendered in the court below in favor of the plaintiff and against the defendant, the railroad company, for $550 damages, $50 attorney’s fees, and costs; and the railroad ■company now brings the case to this court for review.
Many questions are raised in this…
2Cases cited9 opinions
- Johnson v. MathewsSupreme Court of Kansas · 1869
- Grant v. PenderySupreme Court of Kansas · 1875
- Gibson v. City of WyandotteSupreme Court of Kansas · 1878
- Guthrie v. MerrillSupreme Court of Kansas · 1867
- Kansas Pacific Railway Co. v. BallSupreme Court of Kansas · 1878
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3Cited by1 opinion
- Motor Car Sales Co. v. Myrtle BrownSupreme Court of Kansas · 1924