Legal Opinion

Chicago, Rock Island & Pacific Railway Co. v. McBride

Supreme Court of Kansas

Decided July 15, 1894PublishedCited by 4 opinions

Error from Kiowa District Court. On the 16th of September, 1890, Leila V. McBride commenced her action against The Chicago, Rock Island & Pacific Railway Company to recover $1,180 and $100 attorney’s fee for damages alleged to have been caused by a fire set out on the 4th day of February of the same year.

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Error from Kiowa District Court. On the 16th of September, 1890, Leila V. McBride commenced her action against The Chicago, Rock Island & Pacific Railway Company to recover $1,180 and $100 attorney’s fee for damages alleged to have been caused by a fire set out on the 4th day of February of the same year. The petition alleged, among other things: “That on the 4th day of February, 1889, said defendant controlled and operated a certain railway known as the Chicago, Kansas & Nebraska railway, with the track, cars, locomotives and other appurtenances thereunto belonging, which said railway runs…

1Opinion of the Court

The opinion of the court was delivered by

Horton, C. J.:

It is insisted that the trial court erred in granting the motion of plaintiff below to amend her petition to conform to the verdict and special findings of the jury. This involves also the question whether the court erred in admitting evidence to prove that the locomotive engine was defective, and the condition of the right-of-way; and further, concerns the rulings upon the special findings of the jury, and the instructions given and refused. The argument is, that the trial court permitted negligence to be proved upon issues not made by…

2Cases cited3 opinions

  1. Kellogg v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1870
  2. Atchison, Topeka & Santa Fe Rld. v. StanfordSupreme Court of Kansas · 1874
  3. Missouri Pacific Railway Co. v. MerrillSupreme Court of Kansas · 1888

3Cited by4 opinions

  1. Mitchell v. CommonwealthSupreme Court of Virginia · 1925
  2. Phillips v. RailroadSupreme Court of North Carolina · 1905
  3. Atchison, Topeka & Santa Fe Railway Co. v. WilkieSupreme Court of Kansas · 1907
  4. St. Louis & San Francisco Railroad v. LeagueSupreme Court of Kansas · 1905

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