Legal Opinion

Kansas City, Fort Scott & Gulp Railroad v. Frazier

Supreme Court of Kansas

Decided January 15, 1880Published

Action under ch. 94, Laws of 1874, brought by Frazier, against the Railroad Company, to recover damages for killing one red calf of the value of $10, belonging to the plaintiff. Trial before a justice of the peace for the city of Paola, in Miami county, and judgment for the plaintiff.

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Action under ch. 94, Laws of 1874, brought by Frazier, against the Railroad Company, to recover damages for killing one red calf of the value of $10, belonging to the plaintiff. Trial before a justice of the peace for the city of Paola, in Miami county, and judgment for the plaintiff. The defendant appealed to the district court of said county, where the case was tried at the October Term, 1879, and judgment rendered for the plaintiff for $10 damages, $35 attorney’s fee, and for costs. The Railroad Company brings the case here.

1Per curiam

It sufficiently appearing from the testimony that Frank Fargo, upon whom the notice in this case was served, was station and ticket agent of plaintiff in error (defendant below), and that being the only question presented by counsel, the judgment will be affirmed, on the authority of K. P. Rly. Co. v. Ball, 19 Kas. 535; C. B. Rld. Co. v. Ingram, 20 Kas. 66; Union Trust Co. v. Kendall, 20 Kas. 515; Laws 1874, ch. 94, §3, p. 144.

2Cases cited3 opinions

  1. Kansas Pacific Railway Co. v. BallSupreme Court of Kansas · 1878
  2. Central Branch Railroad v. IngramSupreme Court of Kansas · 1878
  3. Union Trust Co. v. KendallSupreme Court of Kansas · 1878