Atchison, Topeka & Santa Fé Railroad v. English
Supreme Court of Kansas
Error from Sumner Eistriet Court. This cause comes here on the pleadings, verdict, findings of fact, instructions, and the judgment of the court. Trial at the May Term, 1885, and judgment for the defendant in error, plaintiff below.
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Error from Sumner Eistriet Court. This cause comes here on the pleadings, verdict, findings of fact, instructions, and the judgment of the court. Trial at the May Term, 1885, and judgment for the defendant in error, plaintiff below. The petition (court and title omitted) is as follows: “The plaintiff says that the defendant is and at all times hereinafter mentioned was a corporation organized under the laws of Kansas, and doing business as a common carrier; that the Wichita & Southwestern Company is and at all times hereinafter mentioned was a corporation organized under the laws of Kansas;…
1Opinion of the Court
Opinion by
Holt, C.:
The plaintiff in error complains that the petition does not state facts sufficient to constitute .a cause of action. It alleges that the Wichita & Southwestern Company is a corporation, but omits the word “railroad,” although subsequently the petition alludes to it as the said Wichita & Southwestern Railroad Company. The omission was evidently not brought to the notice of the trial court; probably not noticed by the attorney for the defendant during the trial, as, in the first instruction he asked the court to give, the fact of the organization of both the defendant and the…
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