Lobenstein v. McGraw
Supreme Court of Kansas
Error from Leavenworth Eistriet Cowrt. This was an action originally brought by Me Grato before a justice of the peace, on a bill of particulars charging Lobenstein with negligence, and claiming damages therefor. The case was removed by appeal to the district court, and there tried at the December Term 1872. MoGraw had judgment for $75 damages, and costs of suit — from which judgment plaintiff in error brings the cause to this court.
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Error from Leavenworth Eistriet Cowrt. This was an action originally brought by Me Grato before a justice of the peace, on a bill of particulars charging Lobenstein with negligence, and claiming damages therefor. The case was removed by appeal to the district court, and there tried at the December Term 1872. MoGraw had judgment for $75 damages, and costs of suit — from which judgment plaintiff in error brings the cause to this court. The facts are stated in the opinion. 1. Section 72 of the justices’ act in effect requires a state ment of a cause of action to be made in a bill of particulars,…
1Opinion of the Court
*648The opinion of the court was delivered by
Brewer, J.:
The first question presented by counsel for plaintiff in errot in their brief is as to the sufficiency of the following bill of particulars:
“Leavenworth, Kansas.
W. C. Lobenstein, To Patrick MeGraw, Dr.:
To damages sustained by allowing a large pile of buffalo hides exposed on the said Lobenstein’s lot on the NE corner of Choctaw and Third streets, in Leavenworth city, on the 9th June 1872, thereby causing the said McGraw’s horse to run off, and thereby damaging said horse, and the .said McGraw’s buggy, to the amount of $100.00.”.
It is not to…
2Cited by14 opinions
- Holden v. LynnSupreme Court of Oklahoma · 1911
- Anderson v. State, Department of Natural ResourcesSupreme Court of Minnesota · 2005
- Binder v. PerkinsSupreme Court of Kansas · 1973
- Underwood v. ScottSupreme Court of Kansas · 1890
- Hart v. HaynesSupreme Court of Kansas · 1915
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