Prickett v. Atchison, Topeka & Santa Fé Railroad
Supreme Court of Kansas
Error from Chase District Court. Action by Priclcetb against The Railroad Company, to recover the value of his cow, killed by defendant’s freight train. Trial at the April Term, 1884, and judgment for defendant for costs against the plaintiff. He brings the case here. The facts are stated in the opinion.
1Opinion of the Court
The opinion of the court was delivered by
JOHNSTON, J.:
This action was brought by U. O. Prickett to recover the value of his cow, which was killed by a passing-freight train of the defendant, near to the railroad station at Elmdale. The cow was struck and killed not far from the end of the siding which is used in connection with the station, and is about 2,000 feet long. The plaintiff alleged that the cow was killed through the negligence of the defendant in operating its train, and also in failing to inclose its track with a lawful fence. The jury returned a verdict in favor of the railroad…
2Cases cited5 opinions
- Ewing v. Chicago & Alton RailroadIllinois Supreme Court · 1874
- Bellefontaine Railway Co. v. ReedIndiana Supreme Court · 1870
- A. T. & Santa Fé Railroad v. JonesSupreme Court of Kansas · 1878
- Smith v. Chicago, R. I. & P. R. R.Supreme Court of Iowa · 1872
- Missouri Pacific Railway Co. v. WilsonSupreme Court of Kansas · 1882
3Cited by3 opinions
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- Payne v. CliffordArizona Supreme Court · 1922
- St. Louis Southwestern Ry. Co. v. BuiceCourt of Appeals of Texas · 1924