Hopkins v. St. Louis & San Francisco Railway Co.
Supreme Court of Kansas
Error from Wilson District Court. On the 9th day of May, 1881, plaintiff, with leave of the court, filed his amended bill of particulars against the St. Louis & San Francisco Railway Company, alleging that— “The latter company is justly indebted to the plaintiff in the sum of $270; that said sum is, and was at the commencement of this action, due and wholly unpaid; that during all of the two years last past said defendant was and now is operating, controlling and managing a…
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Error from Wilson District Court. On the 9th day of May, 1881, plaintiff, with leave of the court, filed his amended bill of particulars against the St. Louis & San Francisco Railway Company, alleging that— “The latter company is justly indebted to the plaintiff in the sum of $270; that said sum is, and was at the commencement of this action, due and wholly unpaid; that during all of the two years last past said defendant was and now is operating, controlling and managing a line of railroad from the city of Wichita, in the state of Kansas, in and through this county of Wilson, to the city of…
1Opinion of the Court
The opinion of the court was delivered by
Hoeton, C. J.:
If we can say upon the pleadings filed by the parties that the defendant was entitled to judgment, it cannot be said that the court below committed any material error. (Douglas v. Rinehart, 5 Kas. 392.) Prior to the execution of the written contract set forth in the pleadings, it is alleged that a verbal contract was entered into between plaintiff and defendant, whereby, if the former shipped live stock over the latter’s line of road from Neodesha and Fredonia, Kansas, to St. Louis, Missouri, plaintiff was to have the usual rebates…
2Cases cited2 opinions
- Weeks v. MedlerSupreme Court of Kansas · 1878
- Douglas v. RinehartSupreme Court of Kansas · 1870
3Cited by6 opinions
- Hazelton v. ChaffinSupreme Court of Kansas · 1921
- Springfield Fire & Marine Insurance v. PayneSupreme Court of Kansas · 1896
- Mattison v. Chicago, Rock Island & Pacific RailroadNebraska Supreme Court · 1894
- Radebaugh v. DillonSupreme Court of Kansas · 1925
- Way v. BronstonSupreme Court of Kansas · 1914
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