Kansas City, Fort Scott & Gulf Railroad v. Hines
Supreme Court of Kansas
Error from Bourbon District Court. Action by Hines against the Railroad Company, to recover the value of plaintiff’s cow, alleged to have been killed by the defendant. Trial at the September Term,. 1882, of the district court, before E.F. W., judge pro tern, presiding, and a jury. Verdict for plaintiff for $39.41 damages. Defendant’s motion for judgment on the special findings made by the jury, and its motion for a new trial, were each overruled.
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Error from Bourbon District Court. Action by Hines against the Railroad Company, to recover the value of plaintiff’s cow, alleged to have been killed by the defendant. Trial at the September Term,. 1882, of the district court, before E.F. W., judge pro tern, presiding, and a jury. Verdict for plaintiff for $39.41 damages. Defendant’s motion for judgment on the special findings made by the jury, and its motion for a new trial, were each overruled. Judgment on the verdict for the plaintiff, and against the defendant, which brings the case to this court.
1Opinion of the Court
*696The opinion of the court was delivered by
Hckrton, C. J.:
The writer of this is of the opinion that after the agreed statement of facts had been signed and filed by the parties it embraced all facts in issue, and that the sole question below was a question of law; and that was, whether on the agreed facts the law attached negligence to the railroad company. A majority of the court, however, differ from this conclusion, and are of the opinion that, as there was no agreement to submit the case to the court below upon the agreed statement of facts, and as the plaintiff below never understood he…
2Cited by1 opinion
- Kansas City, Fort Scott & Gulf Railroad v. HinesSupreme Court of Kansas · 1884