Kansas City, Fort Scott & Gulf Railroad v. Hay
Supreme Court of Kansas
Error from Miami District Court. Action by Hay against the Railroad Company, to recover the value of a span of horses killed by a passing train on the defendant company’s track. Trial at the May Term, 1883, and judgment for $155 damages, $35 attorney-fee, and $48.85-costs. The defendant brings the case here. The opinion states the facts.
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
This was an action under chap. 94, Laws 1874, to recover of the railroad company the value of a span of horses killed on the track by a passing train. The testimony left a question whether the animals went upon the track by jumping over a sufficient cattle-guard, or entering through a broken and defective panel of fence. The jury found the latter, and we think upon the testimony the finding was correct. No special complaint is made of this finding, but it is insisted that the court erred in its instructions, for two reasons: First, it is…
2Cases cited1 opinion
- Burton v. BoydSupreme Court of Kansas · 1871
3Cited by5 opinions
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- Ft. Smith W. R. Co. v. CollinsSupreme Court of Oklahoma · 1910
- Vidich v. Occidental Mutual Benefit Ass'nSupreme Court of Kansas · 1921
- Atchison, Topeka & Santa Fe Railroad v. MidgettCourt of Appeals of Kansas · 1895
- St. Louis & San Francisco Railway Co. v. SullivanCourt of Appeals of Kansas · 1897