Atchison & Nebraska Railroad v. Harper
Supreme Court of Kansas
Error from Doniphan District Court. This action was commenced by Harper in a justice’s court, alleging in a bill of particulars, “that the Railroad Company was owner of a line of railroad over S. J of S.W. -j- of section 31, T. 3, R. 21,” onto which the plaintiff’s colt wandered for want of a fence, without the owner’s fault, and was there killed; that demand for payment had been made, and asking judgment for $40, the value of the colt, and $25 fee for the plaintiff’s…
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Error from Doniphan District Court. This action was commenced by Harper in a justice’s court, alleging in a bill of particulars, “that the Railroad Company was owner of a line of railroad over S. J of S.W. -j- of section 31, T. 3, R. 21,” onto which the plaintiff’s colt wandered for want of a fence, without the owner’s fault, and was there killed; that demand for payment had been made, and asking judgment for $40, the value of the colt, and $25 fee for the plaintiff’s attorney. On appeal to the district court, and trial therein at September Term 1876, Harper had judgment, and the Railroad…
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
This was an action to recover from the railroad company damages for injuries to a colt owned by the *533defendant in error, together with a reasonable attorney-fee for the prosecution of'the suit. The liability of the railroad company was based upon the provisions of ch. 94, laws of 1874, pp. 143, 144. Judgment was rendered for the defendant in error for $40 as his damages, and $25 as the attorney-fee.
Upon the trial in the district court, the following questions and answers were admitted against the objections and exceptions of the railroad…
2Cases cited2 opinions
- Kansas Pacific Rly. Co. v. MowerSupreme Court of Kansas · 1876
- Hopkins v. Kansas Pacific Railway Co.Supreme Court of Kansas · 1877
3Cited by4 opinions
- Fort Worth & D. C. Ry. Co. v. WelchCourt of Appeals of Texas · 1944
- Texas Central R'y Co. v. ChildressTexas Supreme Court · 1885
- Terre Haute & Logansport Railway Co. v. SalmonIndiana Supreme Court · 1903
- Hindman v. Oregon Short Line RailroadIdaho Supreme Court · 1918