M. K. & T. Railway Co. v. Roach
Supreme Court of Kansas
Error from Neosho District Court. Trespass, brought by Roach and wife, to recover damages from the Railway Company. The defendant company constructed its railroad through the lands of Roach, and it was claimed that defendant unlawfully entered upon plaintiffs’ premises,, threw down the fences, cut down trees, dug and plowed up the soil, etc., whereby plaintiffs’ crops and lands were injured.
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Error from Neosho District Court. Trespass, brought by Roach and wife, to recover damages from the Railway Company. The defendant company constructed its railroad through the lands of Roach, and it was claimed that defendant unlawfully entered upon plaintiffs’ premises,, threw down the fences, cut down trees, dug and plowed up the soil, etc., whereby plaintiffs’ crops and lands were injured. Trial at the December Term 1874. Verdict' and judgment for plaintiffs for $1,000 damages. The Railway Company brings the case here on error.
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
A motion is made by defendants in error to strike out the “case-made,” and dismiss the petition in error; and it seems to us that the facts as disclosed by the record bring the case within the principles announced in the case of Weeks v. Medler, (ante, 425.) On January 11th 1875, the motion for a new trial was overruled; and sixty days from the rising of the court granted in which to make a case. When the court adjourned does not appear, but on the 1st of March 1875 a copy of the case-made was served on opposite counsel, as appears by their…
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