Legal Opinion

Missouri Pacific Railway Co. v. Kocher

Supreme Court of Kansas

Decided January 15, 1891Published

Error from Chautauqua District Court. Action to recover damages for killing a cow. Judgment at the June term, 1888, for the plaintiff, Kocher, for $25 damages, and $31.25 attorney’s fee. The defendant Company brings the case to this court.

1Opinion of the Court

The opinion of the court was delivered by

Horton, C. J.:

In this case there was some evidence tending to show that the animal was injured at the crossing of a road over the track and right-of-way. The railroad company attempted to show that this crossing was used and traveled by the public as a highway, and, therefore, that the company was not bound to fence or inclose such crossing. The trial court refused to receive most of this evidence, and also refused to submit the question to the jury whether the animal was killed at a crossing used by the public. This was error, and material error. It…

2Cases cited1 opinion

  1. Atchison, Topeka & Santa Fé Railroad v. GriffisSupreme Court of Kansas · 1882

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