Missouri Pacific Railway Co. v. Stevens
Supreme Court of Kansas
Error from, Atchison District Court. Action'by Stevens against The Missouri Pacific Railway Company, to recover forty-five dollars, the value of a cow alleged to have been killed ou September 18, 1883, by the negligence of the company, upon a public highway about three miles southwest of the city of Atchison. Trial had March 14, 1885, before the court with a jury. Verdict for the plaintiff /or forty-five dollars.
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Error from, Atchison District Court. Action'by Stevens against The Missouri Pacific Railway Company, to recover forty-five dollars, the value of a cow alleged to have been killed ou September 18, 1883, by the negligence of the company, upon a public highway about three miles southwest of the city of Atchison. Trial had March 14, 1885, before the court with a jury. Verdict for the plaintiff /or forty-five dollars. The jury also made the following special findings of fact: “1. Was said cow killed at a public crossing? A. Yes. “ 2. Was the whistle blown three times, eighty rods east of said…
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
This was an action brought by William B. Stevens against the Missouri Pacific Railway Company, to recover forty-five dollars as damages for the killing of a cow on September 18,1883, upon a public highway, about three miles southwest of the city of Atchison. There was evidence before the jury tending to show that the whistle attached to 'the engine of the train doing the injury was not sounded at least eighty rods from the place wheré the railway crosses the highway. There was also evidence before the jury tending to show *624that one of the…
2Cases cited1 opinion
- Leavenworth, Lawrence & Galveston Railroad v. RiceSupreme Court of Kansas · 1872
3Cited by4 opinions
- Kendrick v. Atchison, Topeka & Santa Fe RailroadSupreme Court of Kansas · 1958
- Kansas City, Fort Scott & Gulp Railroad v. CravensSupreme Court of Kansas · 1890
- Kendrick v. Atchison, Topeka & Santa Fe RailroadSupreme Court of Kansas · 1958
- Schwartz v. New Orleans & C. R.Supreme Court of Louisiana · 1902