Moulton v. Aldrich
Supreme Court of Kansas
Error from, Atchison District Court. Action brought by Aldrich against Moulton and two others, partners as Moulton & Yates, to recover $16,600 damages on account of certain injuries to plaintiff's person and property. Trial at the November Term, 1881, of the district court, and verdict and judgment for plaintiff for $3,450 and costs. The defendants bring the case here.
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Error from, Atchison District Court. Action brought by Aldrich against Moulton and two others, partners as Moulton & Yates, to recover $16,600 damages on account of certain injuries to plaintiff's person and property. Trial at the November Term, 1881, of the district court, and verdict and judgment for plaintiff for $3,450 and costs. The defendants bring the case here. The facts appear in the opinion. 1. The court below should have sustained the motion for judgment in favor of defendants, notwithstanding the general verdict. (23 Kas. 359, 360. See also 25 Kas. 36; 7 id. 308; 14 id. 37; 2…
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
On and prior to August 19, 1880, it was part of the business of Moulton & Yates, defendants below, to transport baggage in the city of Atchison, and deliver the ■same at the depots and residences in the city, for which purpose they kept horses and wagons, and also employed drivers. On the said 19th day of August, one Thomas N. Johnston, a driver employed - by them and in charge of two horses and a baggage wagon to which they were harnessed, was delivering a piece of baggage at a residence on South Fifth street in that city, when the…
2Cases cited7 opinions
- Dickson v. . McCoyNew York Court of Appeals · 1868
- Kansas Pacific Railway Co. v. PointerSupreme Court of Kansas · 1874
- Schultz v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1878
- Chicago, Rock Island & Pacific Railroad v. DoyleSupreme Court of Kansas · 1877
- Leavenworth, Lawrence & Galveston Railroad v. RiceSupreme Court of Kansas · 1872
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3Cited by10 opinions
- Kansas City, Fort Scott & Gulf Railroad v. Kelly ex rel. MilhoanSupreme Court of Kansas · 1887
- Missouri Pacific Railway Co. v. MackeySupreme Court of Kansas · 1885
- Lawson v. BrokmannSupreme Court of Kansas · 1924
- Migliaccio v. Smith Fuel Co.Supreme Court of Iowa · 1911
- Stilwell v. Weiser Iron Works, Inc.Idaho Supreme Court · 1945
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