Hopkins v. Kansas Pacific Railway Co.
Supreme Court of Kansas
Error from Leavenworth District Court. Action by Henry Hopkins as warden of tbe Kansas State Penitentiary, to recover from the Railway Company the value of two mules. The facts are stated in the opinion, infra. The district court, at December Term 1875, gave judgment for defendant. New trial refused, and plaintiff brings the case here.
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
This was an action brought by the plaintiff to recover the value of two mules, killed on the railroad track of defendant, by one of its trains. The testimony, which is preserved in the record, is, so far as any question of negligence on either side is concerned, as follows:
Hopkins, plaintiff, testified: “The mules in question, the property of the State of Kansas, and in plaintiff’s possession as warden, together with several others, a small herd, were sent by him, on the 7th of June 1874, along a private or neighborhood road from the…
2Cited by6 opinions
- Central Branch Railroad v. LeaSupreme Court of Kansas · 1878
- Terre Haute & Logansport Railway Co. v. SalmonIndiana Supreme Court · 1903
- Atchison, Topeka & Santa Fe Railway Co. v. PaxtonSupreme Court of Kansas · 1907
- Atchison & Nebraska Railroad v. HarperSupreme Court of Kansas · 1878
- Martin v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1914
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