Legal Opinion

Atchison, Topeka & Santa Fé Rld. v. State ex rel. Sanders

Supreme Court of Kansas

Decided January 15, 1879PublishedCited by 20 opinions

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

  1. Bobbett v. StateSupreme Court of Kansas · 1872
  2. Craft v. Com'rs Jackson Co.Supreme Court of Kansas · 1870
  3. Miller v. Town of PalermoSupreme Court of Kansas · 1873
  4. State v. AndersonSupreme Court of Kansas · 1869
  5. 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

  1. Guardianship of the Person & Estate of Smith v. Merchants Mutual Bonding Co.Supreme Court of Kansas · 1973
  2. Harrod v. Latham Mercantile & Commercial Co.Supreme Court of Kansas · 1908
  3. Stout v. State Ex Rel. CaldwellSupreme Court of Oklahoma · 1913
  4. State v. . AddingtonSupreme Court of North Carolina · 1907
  5. State ex rel. Johnston v. FosterSupreme Court of Kansas · 1884

15 more not listed; retrieve them via the Exa API.

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