Atchison, Topeka & Santa Fé Railroad v. Davis
Supreme Court of Kansas
Error from Lyon District Court. The opinion states the case. At the adjourned March Term, 1883, plaintiff Davis had judgment against the Railroad Company for $250, as the value of his colt killed by a train on defendant’s road.
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Error from Lyon District Court. The opinion states the case. At the adjourned March Term, 1883, plaintiff Davis had judgment against the Railroad Company for $250, as the value of his colt killed by a train on defendant’s road. This judgment the defendant brings here for review. 1. Since the question of fencing is out of the case, it is clear that the animals were wrongfully on the track; that they were trespassing, and that therefore defendant would only be liable for gross carelessness or wantonness in its employés: for the railroad company has the exclusive right to its way for the purpose…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.;
This was an action brought by defendant in error, plaintiff below, to recover the value of a colt killed by being struck by a passing train on defendant’s railroad. The action was commenced before a justice of the peace, and after judgment, appealed to the district court, where the case was tried before a jury. The case was tried on the bill of particulars filed before the justice, and without any new or additional pleadings. The verdict and the judgment were in favor of the plaintiff, and defendant brings the case to this court. The bill of…
2Cases cited11 opinions
- U. P. R. W. Co. v. RollinsSupreme Court of Kansas · 1869
- Pearson v. Milwaukee & St. Paul R. Co.Supreme Court of Iowa · 1877
- Bemis v. Connecticut & Passumpsic Rivers RailroadSupreme Court of Vermont · 1869
- Richmond v. Sacramento Valley R.R.California Supreme Court · 1861
- L. R. & F. S. Railway Co. v. FinleySupreme Court of Arkansas · 1881
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3Cited by5 opinions
- Atchison, T. & S. F. Ry. Co. v. Davis & YoungSupreme Court of Oklahoma · 1910
- Bostwick v. Minneapolis & Pacific Railway Co.North Dakota Supreme Court · 1892
- Atchison, T. & S. F. Ry. Co. v. WardSupreme Court of Oklahoma · 1911
- St. Louis S. F. R. Co. v. HiggsSupreme Court of Oklahoma · 1914
- Emery v. Atchison, Topeka & Santa Fe & Railway Co.Supreme Court of Kansas · 1915