Legal Opinion

Missouri Pacific Railway Co. v. Finley

Supreme Court of Kansas

Decided January 15, 1888PublishedCited by 10 opinions

Error from Brown District Court. On April 21,1885, Leander Finley filed his petition against The Missouri Pacific Railway Company, and therein alleged that the said defendant is, and for more than two years last past has been, a railroad corporation duly organized and doing business in the state of Kansas; that during the whole of the year 1884, the said defendant was, ever since has been, and still is engaged in operating a railroad running from the city of Atchison, in…

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Error from Brown District Court. On April 21,1885, Leander Finley filed his petition against The Missouri Pacific Railway Company, and therein alleged that the said defendant is, and for more than two years last past has been, a railroad corporation duly organized and doing business in the state of Kansas; that during the whole of the year 1884, the said defendant was, ever since has been, and still is engaged in operating a railroad running from the city of Atchison, in Atchison county, Kansas, into and through the county of Brown, in said state, and so on to Omaha in the state of Nebraska,…

1Opinion of the Court

The opinion of the court was delivered by

Horton, C. J.:

The facts in this case as disclosed upon the trial are substantially as follows: On and prior to May 9, 1884, the Missouri Pacific Railway Company was running and operating a railroad from the city of St. Louis, Missouri, through the states of Missouri, Kansas, and Nebraska; on the 9th day of May, 1884, it was carrying on its road from Missouri through Kansas to Nebraska, from fifteen to eighteen cars of Texas cattle — one hundred head — which had been shipped by the owner over the railway, who was upon the train in which they were being…

2Cases cited3 opinions

  1. Railroad Co. v. HusenSupreme Court of the United States · 1878
  2. Commonwealth v. SturtivantMassachusetts Supreme Judicial Court · 1875
  3. Patee v. AdamsSupreme Court of Kansas · 1887

3Cited by10 opinions

  1. Balch v. GlennSupreme Court of Kansas · 1911
  2. Grimes v. EddySupreme Court of Missouri · 1894
  3. Green v. StateSupreme Court of Arkansas · 1898
  4. Leavenworth Light & Heating Co. v. WallerSupreme Court of Kansas · 1902
  5. State v. WingettSupreme Court of Kansas · 1932

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