Union Pacific Railway Co. v. Winterbotham
Supreme Court of Kansas
Error from Saline District Court. ACTION by Wmterbotham against the Union Pacific Railway Company, to recover for services performed. At the March term, 1890, plaintiff had judgment, and defendant brings error. The material facts appear in the opinion. The court below committed error in overruling the demurrer of defendant.
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Error from Saline District Court. ACTION by Wmterbotham against the Union Pacific Railway Company, to recover for services performed. At the March term, 1890, plaintiff had judgment, and defendant brings error. The material facts appear in the opinion. The court below committed error in overruling the demurrer of defendant. The petition of plaintiff alleges that the plaintiff rendered services “at the special instance and request of the said the Union Pacific Railway Company.” Unless the testimony of plaintiff established that fact, the demurrer of defendant should have been sustained. Wisner…
1Opinion of the Court
The opinion of the court was delivered by
JOHNSTON, J.:
This was an action by Doctor Winter-botham to recover from the Union Pacific Railway Company $200 for services rendered by him as physician and surgeon for an employé of the company. The case was submitted to the jury upon the testimony, and a verdict was returned for $200, with interest from November 6, 1889, and judgment thereon was rendered for the sum of $204.
The principal contention is, that the testimony was insufficient to justify the verdict that was returned. From the testimony of the plaintiff below, it appears that on May 9,…
2Cases cited5 opinions
- State v. PfefferleSupreme Court of Kansas · 1886
- Brown v. Atchison, Topeka & Santa Fé RailroadSupreme Court of Kansas · 1883
- Pacific Railroad v. ThomasSupreme Court of Kansas · 1877
- Union Pacific Railway Co. v. BeattySupreme Court of Kansas · 1886
- Wyandotte & Kansas City Gas Co. v. SchlieferSupreme Court of Kansas · 1879
3Cited by6 opinions
- Baines v. Coos Bay Navigation Co.Oregon Supreme Court · 1904
- Benton v. StadlerWisconsin Supreme Court · 1931
- Carson v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1917
- Scott v. Monte Cristo Oil & Development Co.California Court of Appeal · 1911
- Mount Wilson Gold and Silver Mining Co. v. BurbridgeColorado Court of Appeals · 1898
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