Legal Opinion

Kansas City, Fort Scott & Gulf Railroad v. Hays

Supreme Court of Kansas

Decided January 15, 1883PublishedCited by 2 opinions

JError from Wyandotte District Court. At the July Term, 1882, of tbe district court, plaintiff Hays had judgment against the defendant Railroad Company, which brings the case here. The facts are stated in the opinion.

1Opinion of the Court

The opinion of the court was delivered by

Valentine, J.:

In August, 1880, the defendant in error brought a suit before a justice of the peace in Wyandotte county, against the plaintiff in error, to recover $45, the value of a cow owned by him, and which was alleged to have been fatally injured by the engine and cars of the plaintiff in error. The bill of particulars filed by the plaintiff below, defendant in error, with the justice, stated a cause of action at common law for the negligent killing of the cow, and also attempted to state a cause of action under the statute. (Laws of 1874, ch. 94;…

2Cases cited1 opinion

  1. Union Pacific Railway Co. v. DycheSupreme Court of Kansas · 1882

3Cited by2 opinions

  1. Horton v. EarlySupreme Court of Oklahoma · 1913
  2. Mulhall v. MulhallSupreme Court of Oklahoma · 1895

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