St. Louis & San Francisco Railway Co. v. Shoemaker
Supreme Court of Kansas
M'ror from Greenwood District Court. Action brought by C. TI. Shoemaker against the St. Louis & San Francisco Railway Company. The following is the petition (omitting court and title): “The plaintiff, C. H. Shoemaker, complains of the defendant, the St. Louis & San Francisco railway cpmpany, and alleges that the defendant is a corporation duly incorporated under and by virtue of the laws of the state of Kansas, and doing business in the state of Kansas.
Read the full summary
M'ror from Greenwood District Court. Action brought by C. TI. Shoemaker against the St. Louis & San Francisco Railway Company. The following is the petition (omitting court and title): “The plaintiff, C. H. Shoemaker, complains of the defendant, the St. Louis & San Francisco railway cpmpany, and alleges that the defendant is a corporation duly incorporated under and by virtue of the laws of the state of Kansas, and doing business in the state of Kansas. Plaintiff further alleges that he was, on the 22d day of December, 1879, the owner in fee simple and in possession of the following described…
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
The counsel for plaintiff in error contend that the petition does not state facts sufficient to constitute a cause of action; that the sum mentioned in the contract sued on should be considered as a penalty only, and not as liquidated damages; and finally, that the judgment should have been for *682defendant below instead of plaintiff, because the special findings show that the St. Louis, Wichita & Western railway company never ran any trains over or operated the railroad upon the lands of plaintiff below, and as the contract was that the…
2Cases cited1 opinion
- Dexter v. CochranSupreme Court of Kansas · 1877
3Cited by5 opinions
- Consolidated Cut Stone Co. v. SeidenbachSupreme Court of Oklahoma · 1937
- Merica v. BurgetIndiana Court of Appeals · 1905
- Illinois Trust & Savings Bank v. City of BurlingtonSupreme Court of Kansas · 1909
- Sonken-Galambra Corp. v. AbelsSupreme Court of Oklahoma · 1939
- Cunningham v. HillSupreme Court of Kansas · 1909