Atchison, Topeka & Santa Fé Railroad v. Seeley
Supreme Court of Kansas
Error from Lyon District Court. Action brought under the stock law of 1874, by Seeley, against the Railroad Company, to recover damages for alleged injuries to plaintiff’s cow. Trial at the March Term, 1880, of the district court, and judgment for the plaintiff. The Railroad Co. brings the case here.
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
This was an action brought under the stock law of 1874, by the defendant in error against the *266plaintiff in error, for the recovery of damages for the wounding of a cow. It is alleged, that the evidence fails to support the judgment; in brief, that there was an entire failure of proof that the animal was injured by the plaintiff in error in the operation of its railroad, or otherwise.
We have examined-all the record, and find the objection well taken. The evidence is substantially that the cow left home in the morning of a day in September,…
2Cited by1 opinion
- Union Pacific Rly. Co. v. HarrisSupreme Court of Kansas · 1882