St. Louis & San Francisco Railway Co. v. Shoemaker
Supreme Court of Kansas
Error from, Greenwood District Court. On November 1,1881, Shoemaker brought this action against The Railway Company. His petition contained three counts: First, for changing the course of a certain stream fed by surface-water, running through plaintiff’s land, to his damage in the sum of $150; second, for digging and removing earth, stone and gravel from plaintiff’s land, to his damage in the sum of $50; third, for destroying about fifty rods of plaintiff’s fence by fire…
Read the full summary
Error from, Greenwood District Court. On November 1,1881, Shoemaker brought this action against The Railway Company. His petition contained three counts: First, for changing the course of a certain stream fed by surface-water, running through plaintiff’s land, to his damage in the sum of $150; second, for digging and removing earth, stone and gravel from plaintiff’s land, to his damage in the sum of $50; third, for destroying about fifty rods of plaintiff’s fence by fire escaping in a negligent manner from the engine of the railway company, to his damage in the sum of $30. On the trial the…
1Opinion of the Court
Opinion by
Simpson, C.:
This case was tried by a jury upon the first two causes of action stated in the petition, and resulted in a verdict for the defendant in error, for $48.78. The jury returned answers to particular questions submitted to them, and among other things found that the railroad was constructed through the land of the defendant in error by a contractor, at a stipulated price, who had sole control of the *726employment and discharge of his own hands and servants, and that they went outside of the right-of-way and dug and removed earth, stone, and gravel. They also found that the…
2Cases cited1 opinion
- Shoemaker v. St. Louis & San Francisco Railway Co.Supreme Court of Kansas · 1883
3Cited by3 opinions
- Stanard v. Sampson Et Ux.Supreme Court of Oklahoma · 1909
- Tacha v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Kansas · 1916
- Mann v. Northeast Kansas Telephone Co.Supreme Court of Kansas · 1910