Legal Opinion

Missouri Pacific Railway Co. v. Roads

Supreme Court of Kansas

Decided January 15, 1885PublishedCited by 8 opinions

Error from Neosho District Court. ACTION by Roads against The Railway Company, to recover the value of certain hogs which were killed by the company in the operation of its road. Trial at the April Term, 1884, .and judgment for plaintiff. The Company brings the case to this court. The opinion states the material facts.

1Opinion of the Court

The opinion of the court was delivered by

Johnston, J.:

J. N. Roads brought suit before a justice of the peace of Neosho county, to recover the value of eight hogs belonging to him, which were run against and killed by the ■engine and cars of the Missouri Pacific Railway Company. The action was brought under the railroad stock law of 1874, and the plaintiff alleged in his bill of particular’s that the hogs were not killed near any public road or crossing, but without any *641fault on bis part they went upon the railroad track and were killed at a place where the railroad ought to have been but Avas…

2Cases cited4 opinions

  1. McCall v. ChamberlainWisconsin Supreme Court · 1861
  2. Indianapolis & Cincinnati Railroad v. TownsendIndiana Supreme Court · 1858
  3. Kansas City, Ft. Scott & Gulf Rld. v. McHenrySupreme Court of Kansas · 1880
  4. Sherman v. AndersonSupreme Court of Kansas · 1882

3Cited by8 opinions

  1. Wilson v. RuleSupreme Court of Kansas · 1950
  2. Abbott v. HowardSupreme Court of Kansas · 1950
  3. St. Louis S. F. R. Co. v. SteeleSupreme Court of Oklahoma · 1913
  4. Leavenworth, Topeka & Southwestern Railway Co. v. ForbesSupreme Court of Kansas · 1887
  5. International & Great Northern Railroad v. RichmondCourt of Appeals of Texas · 1902

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