Atchison, Topeka & Santa Fé Railroad v. Shaft

Motion for Rehearing.

This case is reported in 33 Kas., pp. 521, et seq., where the facts found by the trial court are fully stated. May 16, 1885, the railroad company filed a motion for a rehearing. February 4, 1886, this motion was overruled — Horton, C. J., dissenting, and filing the following opinion:

I do not agree with my brethren in refusing a rehearing. In the words of the opinion originally delivered, “ In the nature of things, there must be some limitations upon the terms of the language used in chapter 94, Laws of 1874.” (33 Kas. 521.) It is conceded in that opinion that railroad…