Legal Opinion

Missouri Pacific Railway Co. v. Pierce

Supreme Court of Kansas

Decided January 15, 1885PublishedCited by 14 opinions

Error from, Miami District Court. ACTION by Pierce against The Railway Company, to recover damages for the negligent killing of his cow. Trial at the February Term, 1884, and judgment for plaintiff for $50 damages, and costs. The defendant company brings the case to this court. The opinion states the facts.

1Opinion of the Court

The opinion of the court was delivered by

Johnston, J.:

This was an action brought by W. J. Pierce against the railroad company, to recover damages for the negligent killing of a cow owned by him. It was alleged by the *62plaintiff that on the 22d day of May, 1882, in the city of Paola, Miami county, Kansas, the defendant with its engine and cars carelessly and negligently ran against and killed the animal, and that it was not done through any carelessness or neglect on the part of the plaintiff. The railway company denied all allegations of carelessness or negligence on the part of its employés,…

2Cases cited4 opinions

  1. Leavenworth, Lawrence & Galveston Railroad v. RiceSupreme Court of Kansas · 1872
  2. Atchison, Topeka & Santa Fé Railroad v. MorganSupreme Court of Kansas · 1883
  3. State Savings Ass'n v. A. J. Hunt & Co.Supreme Court of Kansas · 1877
  4. Kansas City, Fort Scott & Gulf Railroad v. HaySupreme Court of Kansas · 1884

3Cited by14 opinions

  1. Chicago, Burlington & Quincy Railroad v. MetcalfNebraska Supreme Court · 1895
  2. Reynolds v. Great Northern Ry. Co.Court of Appeals for the Eighth Circuit · 1895
  3. Land v. St. Louis & San Francisco RailroadSupreme Court of Kansas · 1915
  4. Lepard v. Michigan Central RailroadMichigan Supreme Court · 1911
  5. Clark v. Missouri Pacific Railway Co.Supreme Court of Kansas · 1886

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