Atchison, Topeka & Santa Fé Rld. v. State ex rel. Sanders
Supreme Court of Kansas
Error from Lyon District Court. Marion Sanders, the relator, by his attorneys, instituted a suit against the Atchison, Topeka & Santa Fé Railroad Company to recover 207 separate penalties, of twenty dollars each, amounting to $4,140, for a failure on the part of the railroad company to ring a bell or sound a whistle while crossing Jefferson street, in the town of Plymouth, in Lyon county, brought under the provisions of § 60, ch. 23, Gen. Stat. 1868. The defendant demurred…
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Error from Lyon District Court. Marion Sanders, the relator, by his attorneys, instituted a suit against the Atchison, Topeka & Santa Fé Railroad Company to recover 207 separate penalties, of twenty dollars each, amounting to $4,140, for a failure on the part of the railroad company to ring a bell or sound a whistle while crossing Jefferson street, in the town of Plymouth, in Lyon county, brought under the provisions of § 60, ch. 23, Gen. Stat. 1868. The defendant demurred to the petition, on the grounds that the plaintiff or relator had no legal capacity to sue; that the court had no…
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
This was an action brought and prosecuted by Marion Sanders, in the name of the state of Kansas, against the Atchison, Topeka & Santa Fé Railroad Company, for 207 alleged violations of the act of the legislature (Gen. Stat. 206, § 60) requiring railroad companies to ring a bell or sound a whistle at each crossing of every traveled public road or street. Sanders prayed for a judgment for $20 for each of said violations, or for $4,140 in the aggregate — one-half thereof for himself, and the other half thereof to be paid to Lyon county for…
2Cases cited12 opinions
- Bobbett v. StateSupreme Court of Kansas · 1872
- Craft v. Com'rs Jackson Co.Supreme Court of Kansas · 1870
- Miller v. Town of PalermoSupreme Court of Kansas · 1873
- State v. AndersonSupreme Court of Kansas · 1869
- Wyandotte & Kansas City Bridge Co. v. Board of County CommissionersSupreme Court of Kansas · 1872
7 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- Guardianship of the Person & Estate of Smith v. Merchants Mutual Bonding Co.Supreme Court of Kansas · 1973
- Harrod v. Latham Mercantile & Commercial Co.Supreme Court of Kansas · 1908
- Stout v. State Ex Rel. CaldwellSupreme Court of Oklahoma · 1913
- State v. . AddingtonSupreme Court of North Carolina · 1907
- State ex rel. Johnston v. FosterSupreme Court of Kansas · 1884
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