Patee v. Adams
Supreme Court of Kansas
M'ror from Shawnee District Court. M. E. Patee filed a petition in the district court, and alleged substantially that on the 1st day of Juue, 1884, she was the owner of twelve head of domestic cattle in the county of Eiley, of the value of $1,200; that the defendant, N. A. Adams, on or about the day mentioned, unlawfully drove into the county of Eiley two hundred head of diseased Texas or southern cattle, being cattle from the country south of the state of Kansas; that the…
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M'ror from Shawnee District Court. M. E. Patee filed a petition in the district court, and alleged substantially that on the 1st day of Juue, 1884, she was the owner of twelve head of domestic cattle in the county of Eiley, of the value of $1,200; that the defendant, N. A. Adams, on or about the day mentioned, unlawfully drove into the county of Eiley two hundred head of diseased Texas or southern cattle, being cattle from the country south of the state of Kansas; that the last-named cattle were diseased with Texas, splenic or Spanish fever, and were driven or caused to be driven into Eiley…
1Opinion of the Court
The opinion of the court was delivered by
Johnston, J.:
There are really but two points in controversy between the parties in this case: one is, whether a person who purchases or otherwise obtains cattle that are diseased with Texas, splenic, or Spanish fever, and who drives or causes them to be driven through any county of the state, shall be held liable for all damages that may arise by the communication of disease from the cattle so driven, without regard to whether he knew or should have known that the cattle were diseased, or liable to communicate disease to the domestic cattle of the…
2Cases cited9 opinions
- Kansas Pacific Railway Co. v. PointerSupreme Court of Kansas · 1874
- Curry v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1878
- Auchmuty v. HamCourt for the Trial of Impeachments and Correction of Errors · 1845
- Vrooman v. LawyerNew York Supreme Court · 1816
- Keech v. Baltimore & Washington Rail RoadCourt of Appeals of Maryland · 1861
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3Cited by13 opinions
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- Missouri Pacific Railway Co. v. FinleySupreme Court of Kansas · 1888
- North & Douglas v. WoodlandIdaho Supreme Court · 1906
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