Chicago, Rock Island & Pacific Railway Co. v. McGlinn
Supreme Court of Kansas
Error from, Leavenworth District Gourt. Action brought by William McGlinn against the Chicago, Rode Island & Pacific Railway Co., to recover the value of a cow which strayed upon defendant’s railroad, within the limits of the Fort Leavenworth military reservation. The case arose under the stock law of 1874, making railroad corporations liable for stock killed on roads not inclosed with a good and lawful fence, to prevent such animals from being on the road.
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Error from, Leavenworth District Gourt. Action brought by William McGlinn against the Chicago, Rode Island & Pacific Railway Co., to recover the value of a cow which strayed upon defendant’s railroad, within the limits of the Fort Leavenworth military reservation. The case arose under the stock law of 1874, making railroad corporations liable for stock killed on roads not inclosed with a good and lawful fence, to prevent such animals from being on the road. Trial had at the December Term, 1881, of the court. The case was submitted upon the following agreed statement of facts: “On or about the…
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
The question presented for our considertion is, whether the statute of 1874, entitled “An act relating *276to killing or wounding stock by railroads,” is operative within the limits of the United States military reservation, known as the Fort Leavenworth reservation. By an act of the legislature of our state, approved February 22, 1875, it was provided :
“That exclusive jurisdiction be and the same is hereby conceded to the United States over and within all the territory owned by the United States, and included within the limits of the United…
2Cases cited2 opinions
- Fort Leavenworth Railroad Co. v. LoweSupreme Court of Kansas · 1882
- United States v. Power's HeirsSupreme Court of the United States · 1851
3Cited by6 opinions
- Hoffman v. Leavenworth Light, Heat & Power Co.Supreme Court of Kansas · 1914
- Craig v. CraigSupreme Court of Kansas · 1936
- Herken v. GlynnSupreme Court of Kansas · 1940
- Herken v. GlynnSupreme Court of Kansas · 1940
- Langdon v. JaramilloNew Mexico Supreme Court · 1969
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