Legal Opinion

Atchison, Topeka & Santa Fé Railroad v. Sage

Supreme Court of Kansas

Decided July 15, 1892PublishedCited by 5 opinions

Error from, Pawnee District Court. Action by Sage against the Railroad Company to recover for the loss of a stallion delivered to defendant for shipment. Judgment for plaintiff, February 20, 1889. The company brings the case to this court. The opinion states the material facts. 1. The court erred in overruling the motion to suppress certain depositions taken without notice to the attorneys for the defendant.

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Error from, Pawnee District Court. Action by Sage against the Railroad Company to recover for the loss of a stallion delivered to defendant for shipment. Judgment for plaintiff, February 20, 1889. The company brings the case to this court. The opinion states the material facts. 1. The court erred in overruling the motion to suppress certain depositions taken without notice to the attorneys for the defendant. The only question to be determined is, whether, under the statutes of this state, the service of the notice to take depositions was sufficient. Section 352 of the code requires the notice…

1Opinion of the Court

The opinion of the court was delivered by

Johnston, J.:

Frank E. Sage brought an action in the district court of Pawnee county against the railroad company to recover damages for the loss of a stallion that was shipped by him from Kansas City, Mo., to Earned, Kas., and which is alleged to have died from injuries inflicted by the railroad company. It is alleged that the animal was a four-year-old thoroughbred stallion, of the value of $2,000, and it was delivered to the railroad company for shipment over its line on May 10, 1887, under an ordinary stock contract, which required the safe…

2Cases cited1 opinion

  1. Kansas Pacific Railway Co. v. ThacherSupreme Court of Kansas · 1876

3Cited by5 opinions

  1. Carlburg v. Wesley Hospital & Nurse Training SchoolSupreme Court of Kansas · 1958
  2. Shoshoni Lumber Co. v. Fidelity & Deposit Co.Wyoming Supreme Court · 1933
  3. Pine v. DavisSupreme Court of Oklahoma · 1944
  4. St. Louis & San Francisco Railroad v. BurgessSupreme Court of Kansas · 1905
  5. Atchison, Topeka & Santa Fe Railroad v. MeekNebraska Supreme Court · 1896

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