Henry v. Atchison, Topeka & Santa Fe Railway Co.
Supreme Court of Kansas
Appeal from Shawnee district court. STATEMENT. In this action W. B. Henry alleged that the Atchison, Topeka & Santa Fe Railway Company undertook to, and did, transport his goods, of the value of $2500,. from Topeka to Kansas City, that when the goods reached their destination and he demanded delivery of the same the railway company wrongfully refused to-give him his goods, and that subsequently they were injured and destroyed.
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Appeal from Shawnee district court. STATEMENT. In this action W. B. Henry alleged that the Atchison, Topeka & Santa Fe Railway Company undertook to, and did, transport his goods, of the value of $2500,. from Topeka to Kansas City, that when the goods reached their destination and he demanded delivery of the same the railway company wrongfully refused to-give him his goods, and that subsequently they were injured and destroyed. Besides a general denial, the railway company answered that it received the goods and promptly carried them to Kansas City, where they arrived about May 28, 1903; that…
1Opinion of the Court
'The opinion of the court was delivered by
Johnston, C. J.:
The appellant contends that as the testimony on which the judgment in question rests was ■exactly the same as upon the earlier trial the decision ■on the former appeal necessarily determines the'result •of this appeal and requires judgment in its favor. If it be assumed that no new elements were brought into the case on the second trial it does not follow that the former decision, right or wrong, is conclusively binding *108upon this appeal. Ordinarily a question considered and decided on the first appeal is deemed to be settled, and,,…
2Cases cited13 opinions
- Ellison v. Georgia RailroadSupreme Court of Georgia · 1891
- Missouri, Kansas & Texas Railway Co. v. MerrillSupreme Court of Kansas · 1902
- Rodgers v. Missouri Pacific Railway Co.Supreme Court of Kansas · 1907
- Williams v. GrantSupreme Court of Connecticut · 1816
- Richmond & Danville Railroad v. Benson & Co.Supreme Court of Georgia · 1890
8 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- State v. HutchisonSupreme Court of Kansas · 1980
- State v. CollierSupreme Court of Kansas · 1998
- McGovern v. EckhartWisconsin Supreme Court · 1929
- Seaboard Air Line Railway v. MullinSupreme Court of Florida · 1915
- Hogan Milling Co. v. Union Pacific RailroadSupreme Court of Kansas · 1914
11 more not listed; retrieve them via the Exa API.