Missouri Pacific Railway Co. v. Pierce
Supreme Court of Kansas
Error from Miami District Court. Action by Pierce against The Railway Company, to recover damages for the negligent killing of his cow. At the February term, 1886, verdict and judgment for plaintiff for $50 damages, and costs. The defendant company brings the case to this court. The facts appear in Mo. Pac. Rly. Co. v. Pierce, 33 Kas. 61, et seq., and in the opinion herein.
1Opinion of the Court
Opinion by
Clogston, C.:
The errors now complained of are, first, that the court erred in overruling the demurrer to the plaintiff’s evidence; second, that the findings of fact, as found by the jury, are irreconcilable with the general verdict; third, that the court erred in refusing to instruct the jury as requested by the defendant.
Before this court would be authorized in holding that the court erred in overruling the demurrer to the evidence, it must be found that no competent evidence was given which would tend to support the verdict and judgment; not that a preponderance of such evidence…
2Cases cited1 opinion
- Kansas City, Fort Scott & Gulf Railroad v. LaneSupreme Court of Kansas · 1885
3Cited by5 opinions
- Potts v. McDonaldSupreme Court of Kansas · 1937
- St. Louis & San Francisco Railroad v. BrockSupreme Court of Kansas · 1904
- Dickerson v. Missouri-Kansas-Texas RailroadSupreme Court of Kansas · 1939
- Union Pacific Railway Co. v. GearySupreme Court of Kansas · 1893
- Smith v. BushSupreme Court of Kansas · 1917