Kansas Pacific Railway Co. v. McCoy
Supreme Court of Kansas
Error from Damis District Court. McCoy sued the Railway Compcuwy for $5,127.50, being tbe amount claimed by bim upon an alleged contract for procuring cattle to be shipped and assisting in tbe shipping of such cattle on tbe company’s railroad at Abilene. Tbe case was tried at tbe March Term, 1871. Tbe jury found for tbe plaintiff, assessing bis damages at $5,04-2, for which be bad j udgment, New trial refused, and the Railwa/y Company bring tbe ease here on error.
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Error from Damis District Court. McCoy sued the Railway Compcuwy for $5,127.50, being tbe amount claimed by bim upon an alleged contract for procuring cattle to be shipped and assisting in tbe shipping of such cattle on tbe company’s railroad at Abilene. Tbe case was tried at tbe March Term, 1871. Tbe jury found for tbe plaintiff, assessing bis damages at $5,04-2, for which be bad j udgment, New trial refused, and the Railwa/y Company bring tbe ease here on error. Tbe pleadings, testimony, and instructions, so far as they are material, are set forth in tbe opinion. 1. Tbe court erred in…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
Four points are presented for our consideration in this case. First, That the verdict and judgment are against the evidence. The question in issue was as to the making of a contract. This was affirmed by two witnesses, and denied by four. None of them were impeached. Interest might affect the testimony of the plaintiff, who was a witness in Ms own behalf, more than that of the other witnesses. Yet a fair question of fact was raised by the conflicting testimony, upon which the jury found in favor of the defendant in error. This finding the…
2Cited by9 opinions
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- Le Tourneux v. GillissCalifornia Court of Appeal · 1905
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