Central Branch Railroad v. Lea
Supreme Court of Kansas
Error from Marshall District Court. In August 1875, Emma Lea commenced an action against the Railroad Company, before a justice of the peace of Marshall county, to recover damages for the killing of a cow by a moving train. A trial was had, which resulted in a judgment in favor of the plaintiff for $50 damages, $10 attorney-fee, and costs of suit.
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Error from Marshall District Court. In August 1875, Emma Lea commenced an action against the Railroad Company, before a justice of the peace of Marshall county, to recover damages for the killing of a cow by a moving train. A trial was had, which resulted in a judgment in favor of the plaintiff for $50 damages, $10 attorney-fee, and costs of suit. A petition in error was filed in the district court of Marshall county to obtain a reversal of this judgment on several grounds set forth in said petition. The district court reversed the judgment of the justice, but further ordered that the case be…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
This was an action under the railroad stock-law of 1874, to recover for the killing of a cow. The following special findings present the principal questions in the case:
3d .-The railroad of the defendant was not at said time inclosed with a good and lawful fence, nor any fence, to pre*357vent cows and other animals from being on its said railroad, neither generally nor at the point of the accident hereinafter mentioned.
4th.-On 4th June 1875, and for a long time prior thereto, the plaintiff resided in Blue Rapids City township, in Marshall…
2Cases cited8 opinions
- Jackson v. Rutland & Burlington RailroadSupreme Court of Vermont · 1853
- Munger v. . Tonawanda Railroad Co.New York Court of Appeals · 1850
- Keech v. Baltimore & Washington Rail RoadCourt of Appeals of Maryland · 1861
- Peoria, Pekin & Jacksonville R. R. v. ChampIllinois Supreme Court · 1874
- McDonnell v. Pittsfield & North Adams RailroadMassachusetts Supreme Judicial Court · 1874
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3Cited by14 opinions
- Chattanooga Ry. & Light Co. v. BettisTennessee Supreme Court · 1917
- St. Louis S. F. R. Co. v. BrownSupreme Court of Oklahoma · 1912
- Stanley v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1884
- Atchison, Topeka & Santa Fé Railroad v. RiggsSupreme Court of Kansas · 1884
- Houston & Texas Central Railway Co. v. HollingsworthCourt of Appeals of Texas · 1902
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