Legal Opinion

Kansas City, Fort Scott & Gulf Railroad v. Burge

Supreme Court of Kansas

Decided January 15, 1889PublishedCited by 1 opinion

Error from Bourbon District Court. At the December term, 1886, the plaintiff Burge recovered a judgment for $150 damages, $35 attorney’s fee, and costs. The defendant Railroad Company brings the case to this court. The opinion (filed December 8,1888) states the material facts.

1Opinion of the Court

Opinion by

SimpsoN, C.:

This action was commenced before a justice of the peace in Bourbon county, to recover the value of a colt killed by the railroad company in the operation of its trains in that county. There was an appeal to the district court, and a trial there. The only assignment of error necessary to consider here is, that the record fails to show that the court had jurisdiction. Our statute requires that the action shall be brought in the county in which such animal was killed or wounded. (St. L. & S. F. Rly. Co. v. Byron, 24 Kas. 350.) The petition filed in the district court avers…

2Cases cited2 opinions

  1. Mitchell v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1884
  2. St. Louis & San Francisco Rly. Co. v. ByronSupreme Court of Kansas · 1880

3Cited by1 opinion

  1. Atchison, Topeka & Santa Fe Railway Co. v. Jordon Stock-food Co.Supreme Court of Kansas · 1903

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