Legal Opinion

Adams v. Atchison, Topeka & Santa Fé Railroad

Supreme Court of Kansas

Decided January 15, 1891PublishedCited by 13 opinions

Error from Shawnee District Court-. J. M. Adams brought an action against The Atchison, Topeka & Santa Fé Railroad Company for the value of a mule, which, it is alleged, was killed by the engine and cars of the railroad company, at a point on the road which was not inclosed by a good and lawful fence. The case was tried with a jury, which rendered a verdict in favor of the plaintiff and assessed his damages at $125, and awarded $25 as attorney’s fees.

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Error from Shawnee District Court-. J. M. Adams brought an action against The Atchison, Topeka & Santa Fé Railroad Company for the value of a mule, which, it is alleged, was killed by the engine and cars of the railroad company, at a point on the road which was not inclosed by a good and lawful fence. The case was tried with a jury, which rendered a verdict in favor of the plaintiff and assessed his damages at $125, and awarded $25 as attorney’s fees. The jury also returned the following findings of fact, in answer to special questions submitted to them by the defendant: “1. Did not the…

1Opinion of the Court

The opinion of the court was delivered by

Johnston, J.:

The railroad company is liable for injuring or killing animals in the operation of its railroad at any points on its road which might be, but are not, fenced; but in the present case the railroad company had inclosed its road, at the place where the mule went upon the railway and was killed, with a good and lawful fence, fully sufficient to have prevented the mule from going upon the road. The railway ran through Carey’s land, and the fences had been provided with gates, so that he and his tenants might pass from one portion of the farm to…

2Cases cited6 opinions

  1. U. P. R. W. Co. v. RollinsSupreme Court of Kansas · 1869
  2. Harrington v. Chicago, Rock Island & Pacific RailroadSupreme Court of Missouri · 1880
  3. Indianapolis & Cincinnati Railroad v. AdkinsIndiana Supreme Court · 1864
  4. Kansas City & Emporia Railroad v. KregeloSupreme Court of Kansas · 1884
  5. Indianapolis, Pittsburgh & Cleveland Railroad v. ShimerIndiana Supreme Court · 1861

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

3Cited by13 opinions

  1. Atchison, Topeka & Santa Fe Railway Co. v. ConlonSupreme Court of Kansas · 1908
  2. Atchison, Topeka & Santa Fe Railway Co. v. ConlonCourt of Appeals of Kansas · 1899
  3. Dodge Bros. v. Central Vermont Railway Co.Supreme Court of Vermont · 1918
  4. Plummer v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1912
  5. Swanson v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1900

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

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