Nelson v. St. Louis & San Francisco Railway Co.
Supreme Court of Kansas
Error from Crawford District Court. The facts appear in the opinion. Judgment for the defendant Railway Company, at the .April term, 1889. The plaintiff, Nelson, comes to this court. 1. The several items of damage claimed by the plaintiff in his original bill of particulars constitute but one cause of action.
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Error from Crawford District Court. The facts appear in the opinion. Judgment for the defendant Railway Company, at the .April term, 1889. The plaintiff, Nelson, comes to this court. 1. The several items of damage claimed by the plaintiff in his original bill of particulars constitute but one cause of action. The basis of the plaintiff’s claim, out of which this cause arose, was the one act of omission of positive duty, a failure and neglect of the defendant to do an act specially enjoined by law upon it to be done under the statute. A refusal to erect and maintain a cattle-guard at a point…
1Opinion of the Court
The opinion of the court was delivered by
Johnston, J.:
This action was brought by E. H. Nelson before a justice of the peace against the St. Louis & San Francisco Railway Company, to recover damages alleged to have been sustained through the failure and neglect of the company to construct cattle-guards at the points where the defendant’s road enters and leaves the plaintiff’s fenced premises. In his bill of particulars, he alleged in substance his ownership of the land; that it was fully improved and fenced; the building of the railway through the same; and that for more than three years the…
2Cases cited1 opinion
- Chicago, Kansas & Nebraska Railway Co. v. BehneySupreme Court of Kansas · 1892
3Cited by1 opinion
- Atchison, Topeka & Santa Fe Railroad v. BillingsCourt of Appeals of Kansas · 1898