St. Louis & San Francisco Railway Co. v. Armstrong
Supreme Court of Kansas
Error from Labette District Court. Action under the stock law of 1874, brought by Armstrong against the Railway Company, to recover damages for killing two calves belonging to the plaintiff. Trial at the February Term, 1881, of the district court, and judgment for the plaintiff. The defendant brings the case here. The opinion states the facts.
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
This was an action under the stock law of 1874, for killing two calves. Plaintiff obtained judgment before the justice of the peace, and the company appealed. At the trial in the district court, defendant did not appear, and plaintiff obtained judgment.
The specific error alleged is, that the plaintiff took judgment for more than by the allegations of his bill of particulars he was entitled to. This objection runs only to the amount awarded for attorney-fees, and not to that recovered for the value of the calves. The bill of particulars…
2Cases cited1 opinion
- St. Louis & San Francisco Rly. Co. v. ByronSupreme Court of Kansas · 1880