Pacific Railroad v. Nash
Supreme Court of Kansas
Error from Leavenworth District Court. Nash sued the Pacific Railroad Company before a justice of the peace to recover $130, the alleged value of a horse killed by the engine of the defendant. After trial the case was appealed to the district court, where there were two additional trials, each resulting in a verdict for the plaintiff.
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Error from Leavenworth District Court. Nash sued the Pacific Railroad Company before a justice of the peace to recover $130, the alleged value of a horse killed by the engine of the defendant. After trial the case was appealed to the district court, where there were two additional trials, each resulting in a verdict for the plaintiff. Upon the second trial in the district court, the evidence showed that plaintiff’s horse was turned loose upon the prairie, in March, 1870, at a distance of between four and five miles from the track of defendant’s road; that the horse wandered toward and upon…
1Opinion of the Court
*284The opinion of the court was delivered by
Kingman, C. J.:
■1. Verdict; when fnsld*?evl-" dence' This action was brought by the defendant in error to recover the value of a horse alleged to have been killed by the engine of the plaintiff in error. ‘The horse was turned out upon the prairie four or five miles from the railroad, and strayed upon the road and •was killed by the engine. It is not necessary to review the testimony. No good purpose can be served thereby; for while the verdict is one that does not commend itself "to our judgment from the testimony, as it appears on the record, still…
2Cited by9 opinions
- Kansas Pacific Railway Co. v. KunkelSupreme Court of Kansas · 1876
- Rierson v. Southern Kansas Stage Lines Co.Supreme Court of Kansas · 1937
- State v. EarserySupreme Court of Kansas · 1967
- Eikmeier v. BennettSupreme Court of Kansas · 1936
- Coleman v. S. Patti Construction Co.Supreme Court of Kansas · 1957
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