Legal Opinion

St. Louis & San Francisco Railway Co. v. McReynolds

Supreme Court of Kansas

Decided July 15, 1880PublishedCited by 5 opinions

Error from Wilson District Court. Action brought by McReynolds against the Railway Company, ' to recover damages for killing a cow belonging to plaintiff. Trial by the court at the May Term, 1880, and judgment for the plaintiff for $30 as damages, $35 as attorney’s fee, and for costs. The defendant brings the case here. The opinion contains a sufficient statement of the facts.

1Opinion of the Court

The opinion of the court was delivered by

Valentine, J.:

This was an action brought before a justice of the peace under the railroad-stock-killing law of 1874. (Comp. Laws of 1879, pp.784, 785.) The action was for the value of a cow alleged to have been killed by the railway company, and for attorney’s fees and costs. The only pleading in the case filed in the justice’s court by the plaintiff below, Logan McReynolds, was a bill of particulars which did not state or show that the defendant railway company *369was either guilty of negligence, or that its road was not fenced. The defendant made no…

2Cases cited2 opinions

  1. Leavenworth, Lawrence & Galveston Rld. v. Van RiperSupreme Court of Kansas · 1877
  2. Kansas Pacific Railway Co. v. YanzSupreme Court of Kansas · 1876

3Cited by5 opinions

  1. Avery v. Jayhawker Gasoline Co.Supreme Court of Oklahoma · 1924
  2. Raymer v. Comley Lumber Co.Supreme Court of Oklahoma · 1934
  3. St. Louis & San Francisco Railroad v. HoffSupreme Court of Kansas · 1907
  4. Black v. Missouri, Kansas & Texas Railway Co.Supreme Court of Kansas · 1915
  5. St. Louis & San Francisco Railway Co. v. EllisSupreme Court of Kansas · 1881

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