Kansas City, Fort Scott & Memphis Railroad v. Berry
Supreme Court of Kansas
Error from Bourbon District Court. ActioN by Helen A. Berry, against the Railroad Company, to recover damages for the killing of her husband. The facts fully appear in the opinion herein, filed April 30, 1895. The judgment is not according to the mandate.
Read the full summary
Error from Bourbon District Court. ActioN by Helen A. Berry, against the Railroad Company, to recover damages for the killing of her husband. The facts fully appear in the opinion herein, filed April 30, 1895. The judgment is not according to the mandate. The mandate required the court below to enter judgment on the ‘1 general verdict in favor of plaintiff.' ’ The only amount named in that verdict was $5,000 ; but judgment was rendered for $6,298, and under the laws of the state interest at 6 per cent, has been accumulating on the latter sum ever since. ■ This was not a compliance with the…
1Opinion of the Court
*190The opinion of the court was delivered by
Allen, J. :
The facts in this case as it was first presented to this court appear in 52 Kas. 759. This court, on the case then submitted, held that the district court erred in refusing to receive and enter the verdict of the jury, and directed that judgment be entered in favor of the plaintiff for the amount of the verdict. A mandate was duly issued and filed in the district court of Bourbon county, and on the 16th day of May, 1894, it was presented to the court with a motion for judgment thereon. Thereupon the defendant filed a motion for a new trial…
2Cases cited10 opinions
- Redfield v. Ystalyfera Iron Co.Supreme Court of the United States · 1884
- Berry v. Kansas CitySupreme Court of Kansas · 1894
- Educational Ass'n of Christian Churches v. HitchcockSupreme Court of Kansas · 1866
- Shephard v. BrentonSupreme Court of Iowa · 1865
- Berry v. Kansas City, Port Scott & Memphis RailrodSupreme Court of Kansas · 1894
5 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Koontz ex rel. Koontz v. WeideSupreme Court of Kansas · 1922
- Clyde Milling & Elevator Co. v. BuoySupreme Court of Kansas · 1905
- Atchison, Topeka & Santa Fe Railway Co. v. OsburnSupreme Court of Kansas · 1909
- Turner v. George Rushton Baking Co.Supreme Court of Kansas · 1934
- Yerrick v. District Court in & for Salt Lake CountyUtah Supreme Court · 1916
2 more not listed; retrieve them via the Exa API.