Legal Opinion

Missouri, Kansas & Texas Railway Co. v. Long

Supreme Court of Kansas

Decided January 15, 1882PublishedCited by 5 opinions

Error from Coffey District Court. May 17,1881, Marianna Long brought her action against the Missouri, Kansas & Texas Railway Company,• to recover for personal injuries.

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Error from Coffey District Court. May 17,1881, Marianna Long brought her action against the Missouri, Kansas & Texas Railway Company,• to recover for personal injuries. The petition (omitting court and title) is as follows : “The plaintiff states that at the times hereinafter mentioned the defendant was a corporation, duly incorporated under and by virtue of the laws of the state of Kansas, and owned and operated a certain railroad known as the Missouri, Kansas & Texas railway, together with the tracks, cars, locomotives and •other appurtenances thereto belonging; that said railroad was ■and…

1Opinion of the Court

The opinion of the court was delivered by

Horton, C. J.:

After this case was called for trial, and a» jury had been impanneled and sworn, upon the attempt on the part of defendant in error, (plaintiff below,) to introduce her evidence, the plaintiff in error, (defendant below,) objected to any evidence being offered, for the reason that the petition does-not state facts sufficient to constitute a cause of action against the defendant. The objection was overruled by the court, and this ruling is the first error assigned. It is contended on the-part of the company that railway companies in this…

2Cases cited8 opinions

  1. Comm'rs of Sedgwick County v. BaileySupreme Court of Kansas · 1874
  2. Talmage v. . HunttingNew York Court of Appeals · 1864
  3. State v. K. C., St. J. & C. B. R. Co.Supreme Court of Iowa · 1876
  4. Doughty v. BrillNew York Supreme Court · 1862
  5. State v. HuckWisconsin Supreme Court · 1871

3 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. Cunningham v. San Saba CountyCourt of Appeals of Texas · 1892
  2. Manker v. ToughSupreme Court of Kansas · 1908
  3. Atchison, Topeka & Santa Fe Railroad v. HenrySupreme Court of Kansas · 1896
  4. Dallas & Greenville Railway Co. v. AbleTexas Supreme Court · 1888
  5. Wallace v. EvansSupreme Court of Kansas · 1890

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