Legal Opinion

Kansas Pacific Railway Co. v. Yanz

Supreme Court of Kansas

Decided July 15, 1876PublishedCited by 4 opinions

Error from Pottawatomie District Court. The pleadings and proceedings in the court below are fully-stated in the opinion. Yanz recovered judgment, at the February Term 1875, for $30 for a cow killed by defendant’s cars, and $35 attorney-fees, and costs of suit; and the Railway Company brings the case here on error.

1Opinion of the Court

The opinion of the court was delivered by

Valentine, J.:

This was an action brought by John Yanz against the Kansas Pacific Railway Company for killing one of the plaintiff’s cows. The act of 1874, (Laws of 1874, pp. 143, 144,) authorizing the recovery of damages and the recovery of attorney-fees in such cases, has already been held by this court to be constitutional and valid. (K. P. Rly. Co. v. Mower, ante, p. 573.) The only question then for us now to consider is, whether under said act, and under the facts of this case, the plaintiff is entitled to recover. The action was commenced in a…

2Cases cited1 opinion

  1. Dresser v. WoodSupreme Court of Kansas · 1875

3Cited by4 opinions

  1. Kansas Pacific Railway Co. v. TaylorSupreme Court of Kansas · 1877
  2. St. Louis & San Francisco Railway Co. v. McReynoldsSupreme Court of Kansas · 1880
  3. Atchison, Topeka & Santa Fe Railroad v. BartlettCourt of Appeals of Kansas · 1896
  4. Mo. River, Ft. Scott & Gulf Railroad v. DuckettSupreme Court of Kansas · 1878

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