Kansas Pacific Rly. Co. v. Nichols, Kennedy & Co.
Supreme Court of Kansas
Error from Douglas District Court. Action brought by Nichols, Kennedy & Co. to recover damages for cattle lost and injured through carelessness and negligence of the railway company. The petition alleged that the K. P. Ely.
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Error from Douglas District Court. Action brought by Nichols, Kennedy & Co. to recover damages for cattle lost and injured through carelessness and negligence of the railway company. The petition alleged that the K. P. Ely. Co. were “common carriers of cattle and freight for hire,” and that the plaintiffs had shipped over defendant’s road, from Abilene to State Line, a lot of cattle, and that “while said cattle were in the care, custody, and keeping of said defendant, they so carelessly, negligently and improperly conducted themselves in regard to the same that said cattle were turned at…
1Opinion of the Court
The'opinion of the court was delivered by
Valentine, J.:
1. Ammendments striking out names ofut pames. This action was commenced in the district court by David Nichols, Michael Kennedy, Henry Parvin, and Harland Palmer, as plaintiffs, against the Kansas Pacific Bailway Company. It was alleged in the petition that said plaintiffs were partners, doing business under the firm-name of Nichols, Kennedy & Co. During the trial evidence was introduced tending to show that two of the plaintiffs, Henry Parvin and Harland Palmer, were not members of the firm at the time this action was commenced, and…
2Cases cited7 opinions
- People ex rel. Detroit & Howell Railroad v. Township BoardMichigan Supreme Court · 1870
- Clarke v. . the Rochester and Syracuse Railroad CompanyNew York Court of Appeals · 1856
- Kimball v. Rutland & Burlington RailroadSupreme Court of Vermont · 1854
- Kansas Pacific Railway Co. v. ReynoldsSupreme Court of Kansas · 1871
- Michigan Southern & Northern Indiana Railroad v. McDonoughMichigan Supreme Court · 1870
2 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- State v. FinchSupreme Court of Kansas · 1929
- South & North Alabama Railroad v. HenleinSupreme Court of Alabama · 1875
- Marbourg v. SmithSupreme Court of Kansas · 1873
- Glaser v. GlaserSupreme Court of Oklahoma · 1903
- Snyder v. StriblingSupreme Court of Oklahoma · 1907
26 more not listed; retrieve them via the Exa API.