Hadley v. Central Branch Union Pacific Railroad
Supreme Court of Kansas
Error from, Marshall District Court. Action brought by Hadley against the Railroad Company, •to recover damages for injuring and for killing certain stock belonging to the plaintiff. This action came on for trial at ¿he August Term, 1877, and a jury being waived, the case was submitted to the court ou the pleadings and an agreed statement of facts, contained in the opinion, infra. Judgment for the defendant, and against Hadley, who brings the •case to this court.
1Opinion of the Court
The opinion of the court was delivered by
Valentine, J.:
On June 14th, 1877, J. M. Hadley commenced an action against the railroad company, in the district court of Marshall county, to recover damages for killing and injuring three cows and two calves, of the alleged total value-of $135; the sum demanded in the prayer of the petition being $120, and a further sum of $25 as an attorney-fee.
The action was brought and prosecuted under the statute-of 1874, relating to the killing and injuring of stock in the operation of railways. (Laws of 1874, page 143.) It was-alleged in plaintiff’s petition, in…
2Cases cited2 opinions
- Kansas Pacific Railway Co. v. TaylorSupreme Court of Kansas · 1877
- Hover v. CockinsSupreme Court of Kansas · 1877
3Cited by4 opinions
- Kansas City, Lawrence & Southern Railroad v. PhillibertSupreme Court of Kansas · 1881
- St. Louis & San Francisco Railroad v. HoffSupreme Court of Kansas · 1907
- St. Louis & San Francisco Rly. Co. v. ByronSupreme Court of Kansas · 1880
- St. Louis & San Francisco Railway Co. v. EllisSupreme Court of Kansas · 1881