Legal Opinion

Atchison, Topeka & Santa Fe Railroad v. Mason

Court of Appeals of Kansas

Decided September 5, 1896No. 102PublishedCited by 2 opinions

Memorandum.— Error from Lyon district court; Charles B. Graves, judge. Action by M. M. Mason against Tbe Atchison, Topeka & Santa Fe Railroad Company to recover damages on account of a shipment of cattle. Judgment for plaintiff. Defendant brings the case to this court.

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Memorandum.— Error from Lyon district court; Charles B. Graves, judge. Action by M. M. Mason against Tbe Atchison, Topeka & Santa Fe Railroad Company to recover damages on account of a shipment of cattle. Judgment for plaintiff. Defendant brings the case to this court. The statement of the case, as made by Johnson, P. J., is' as follows : On the 11th day of October, 1889, M. M. Mason filed his petition in the district court of Lyon county, Kansas, against the Atchison, Topeka & Santa Fe Railroad Company, in which he.claimed that on the 18th day of October, 1887, he delivered four car-loads of…

1Opinion of the Court

The opinion of the court was delivered by

Johnson, P. J. :

The brief of plaintiff in error contains seven separate specifications of error to which it *398asks tlie consideration of this court. The first and second specifications of error complained of may be considered together, as they are both leveled at the amended petition of the plaintiff below — one, a motion to make it more definite and certain, and the other a demurrer. The amended petition alleges that the railroad company is a corporation owning and operating a line of railroad through Lyon county, Kansas, and is a common carrier of…

2Cases cited5 opinions

  1. Railroad Co. v. LockwoodSupreme Court of the United States · 1873
  2. Hart v. Pennsylvania RailroadSupreme Court of the United States · 1884
  3. Goggin v. Kansas Pacific Railway Co.Supreme Court of Kansas · 1874
  4. Atchison, Topeka & Santa Fé Railroad v. DillSupreme Court of Kansas · 1892
  5. Kansas Pacific Railway Co. v. ReynoldsSupreme Court of Kansas · 1876

3Cited by2 opinions

  1. Felt v. WestlakeSupreme Court of Oklahoma · 1918
  2. Baker v. Boston & Maine RailroadSupreme Court of New Hampshire · 1906

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