Kansas Pacific Railway Co. v. Landis
Supreme Court of Kansas
Error from Shawnee District Court. Action under the stock law of 1874, brought by Landis against the K. P. Rly. Co., to recover damages for killing his mule. Trial at the January Term, 1880, of the district-court, and judgment for the plaintiff. The Railway Company brings the case here. The opinion states the facts.
Read the full summary
Error from Shawnee District Court. Action under the stock law of 1874, brought by Landis against the K. P. Rly. Co., to recover damages for killing his mule. Trial at the January Term, 1880, of the district-court, and judgment for the plaintiff. The Railway Company brings the case here. The opinion states the facts. In 1862, Congress had the exclusive right and dominion over the Pottawatomie reservation, which was not parted with or abridged, until after 1862. (12 U. S. Stat. at Large, 1191.) This being so, the decision of the court in Orinter v. U. P. Rly. Co., 23 Kas. 642, is directly in…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
This case was tried upon the following agreed statement of facts:
“The defendant is a corporation, and all through the year 1879 was running ánd operating a railroad in this state, and through this (Shawnee) county. In the night-time, on or about the 24th day of May, 1879, in Silver Lake township, in said county, and within what is known as the Pottawatomie reservation, a train of cars running on defendant’s road ran against and killed plaintiff’s mule within the inclosure of said plaintiff. But it is not intended to admit that the plaintiff…
2Cases cited1 opinion
- Central Branch Railroad v. LeaSupreme Court of Kansas · 1878
3Cited by5 opinions
- Stanley v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1884
- McAfee v. WalkerSupreme Court of Kansas · 1910
- Burlington & Missouri River Railroad v. BrinkmanNebraska Supreme Court · 1883
- Gooding v. Atchison, Topeka & Santa Fé RailroadSupreme Court of Kansas · 1884
- St. Louis & San Francisco Railway Co. v. MossmanSupreme Court of Kansas · 1883