Legal Opinion

Missouri Pacific Railway Co. v. Olden

Supreme Court of Kansas

Decided November 11, 1905No. 13,867PublishedCited by 10 opinions

Error from Jackson district court; Marshall Gephart, judge.

1Opinion of the Court

*111The opinion of the court was delivered by

Greene, J.:

This was an action to recover the value of three mules and one colt, alleged to have been killed by the negligence of the Missouri Pacific Railway Company while operating its train on the Central Branch railroad. The defendant answered by a general denial, and also alleged contributory negligence on the part of the plaintiff in permitting his animals to run at large in violation of the herd law of 1872 (Gen. Stat. 1901, § 7466 et seq.), which was in force in the county when the stock were killed. To this answer the plaintiff filed a general…

2Cases cited4 opinions

  1. Osborne v. KimballSupreme Court of Kansas · 1889
  2. Atchison, Topeka & Santa Fé Railroad v. RiggsSupreme Court of Kansas · 1884
  3. Kansas Pacific Railway Co. v. WigginsSupreme Court of Kansas · 1880
  4. Missouri Pacific Railway Co. v. JohnstonSupreme Court of Kansas · 1886

3Cited by10 opinions

  1. Wilson v. RuleSupreme Court of Kansas · 1950
  2. Abbott v. HowardSupreme Court of Kansas · 1950
  3. Hazelwood v. MendenhallSupreme Court of Kansas · 1916
  4. McAfee v. WalkerSupreme Court of Kansas · 1910
  5. Winters v. TurnerUtah Supreme Court · 1929

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