Kansas City, Fort Scott & Memphis Railroad v. Grimes
Supreme Court of Kansas
Error from Bourbon District Court. Action by Crimes against the Railroad Company to recover damages for killing two colts belonging to plaintiff. Judgment for plaintiff on December 14, 1889 — Hon. E. F. Ware, judge pro tern., presiding. The defendant company brings the case here. The opinion states the facts.
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Error from Bourbon District Court. Action by Crimes against the Railroad Company to recover damages for killing two colts belonging to plaintiff. Judgment for plaintiff on December 14, 1889 — Hon. E. F. Ware, judge pro tern., presiding. The defendant company brings the case here. The opinion states the facts. The contention of defendant in error, plaintiff below, is, that the animals were struck on the right-of-way, outside the public highway, whilst ours is that they were struck on said highway. This is the main point in the case; for, if the animals were struck on the public highway, it…
1Opinion of the Court
Opinion by
Green, C.:
This was an action against a railroad company for killing two colts valued at $150. It was alleged in the bill of particulars that, at the place —
“ Where the colts came upon said railroad, and where they were so run over and killed, said railroad was not then inclosed with a good and lawful fence to prevent animals from being on said road, said places being in Osage township, in in said Bourbon county, the fence on each side of said places not being then a lawful and sufficient fence, and the alleged cattle guards nearest said places then being wholly insufficient to keep…
2Cases cited2 opinions
- Jones v. InnessSupreme Court of Kansas · 1884
- Missouri Pacific Railway Co. v. MorrowSupreme Court of Kansas · 1884