Central Branch Railroad v. Phillipi
Supreme Court of Kansas
jError from Jackson District Court. In June 1876, Phillipi recovered a judgment before a justice of the peace for $35 damages for killing a cow and injuring another, and for $15 for attorney-fees, and costs of suit, against the Central Branch U. P. Railroad Co. No testimony was offered by the Railroad Company. The evidence presented in behalf of Phillipi was all preserved in a bill of exceptions.
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jError from Jackson District Court. In June 1876, Phillipi recovered a judgment before a justice of the peace for $35 damages for killing a cow and injuring another, and for $15 for attorney-fees, and costs of suit, against the Central Branch U. P. Railroad Co. No testimony was offered by the Railroad Company. The evidence presented in behalf of Phillipi was all preserved in a bill of exceptions. The record was taken by petition in error to the district court, where, at the October Term 1876, the judgment was modified by striking out the amount allowed for attorney-fees, but in all other…
1Concurrence
Horton, C. J.:
I agree that the bill of particulars states a cause of action, and concur in the conclusion of the court *13that the judgment must be affirmed, but base my opinion solely upon the fact that the record fails to contain any motion for a new trial. Rice v. Harvey, 18 Kas.; Ayers v. Crum, 13 Kas. 269; Nesbit v. Hines, 17 Kas. 316; Hover v. Cockins, id. 518. If no motion for a new trial was necessary, in the absence of a jury, then it is doubtful whether any writ of error lies from the judgment of a justice of the peace, when the error complained of is that the findings are against the…
2Cases cited2 opinions
- Nesbit v. HinesSupreme Court of Kansas · 1876
- Ayres v. CrumSupreme Court of Kansas · 1874