Legal Opinion

Sherman v. Anderson

Supreme Court of Kansas

Decided January 15, 1882PublishedCited by 3 opinions

Error from Anderson District Court. Action brought under §422 of the civil code, by Christopher P. Sherman, as administrator of the estate of William C. Sherman, deceased, against Cornelius R. Anderson, to recover the sum of $10,000. Trial at the March Term, 1880, when the court sustained a general demurrer to plaintiff’s evidence, and gave judgment for the defendant. The plaintiff brings the case here. The opinion states thé facts.

1Opinion of the Court

The opinion of the court was delivered by

Brewer, J.:

This was an action brought under §422 of the code of civil procedure. Petition, answer and reply were duly filed, and the case went to trial. After the plaintiff had finished his testimony, a demurrer to the evidence was sustained, judgment entered for defendant; and to reverse this ruling plaintiff in error comes to this court.

The facts are these: Plaintiff’s intestate was a fireman, employedon the L. L. & G. railroad, and while engaged in running a freight train, the train struck a steer belonging to *334defendant, the engine and tender were…

2Cases cited3 opinions

  1. Kansas Pacific Rly. Co. v. MowerSupreme Court of Kansas · 1876
  2. Larkin v. TaylorSupreme Court of Kansas · 1870
  3. Central Branch Railroad v. LeaSupreme Court of Kansas · 1878

3Cited by3 opinions

  1. Missouri Pacific Railway Co. v. RoadsSupreme Court of Kansas · 1885
  2. Plummer v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1912
  3. Schulman v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1939

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