St. Joseph & Denver City Railroad v. Grover
Supreme Court of Kansas
M'ror from Brown District Court. Grover sued, the Railroad Company before a justice of the peace. His bill of particulars was as follows: \_Titlei] “Eli A. Grover, plaintiff, complains of the St. Jos. & D. C. Railroad Company, defendant, for that said defendant on the 30th of July 1871 was the owner and occupier of a certain railroad leading from Elwood, Kansas, to Marysville, and of certain cars and locomotives running thereon; and the plaintiff further saith that he was…
Read the full summary
M'ror from Brown District Court. Grover sued, the Railroad Company before a justice of the peace. His bill of particulars was as follows: \_Titlei] “Eli A. Grover, plaintiff, complains of the St. Jos. & D. C. Railroad Company, defendant, for that said defendant on the 30th of July 1871 was the owner and occupier of a certain railroad leading from Elwood, Kansas, to Marysville, and of certain cars and locomotives running thereon; and the plaintiff further saith that he was the owner of a certain milch cow, of the value of fifty dollars, and that said cow, without the fault of the said…
1Opinion of the Court
The opinion of the court was delivered by
Bee wee, J.:
The action in the court below was for damages for the killing of a cow by a freight train on the railroad track of plaintiff in error. It is insisted here, as. it was in the district court, that the bill of particulars is insufficient in not alleging that the killing was willful or wanton, or that it resulted from gross negligence. It does allege that the cow, without the fault of the plaintiff, strayed upon the track of defendant’s road, and that defendant so carelessly and negligently managed its locomotives and cars as to run over and…
2Cases cited1 opinion
- U. P. R. W. Co. v. RollinsSupreme Court of Kansas · 1869
3Cited by13 opinions
- Jones v. McCulloughSupreme Court of Kansas · 1938
- In re the Charges Against DarrowIndiana Supreme Court · 1910
- State v. JonesMontana Supreme Court · 1905
- Central Branch Railroad v. LeaSupreme Court of Kansas · 1878
- Kansas City, Ft. Scott & Gulf Rld. v. McHenrySupreme Court of Kansas · 1880
8 more not listed; retrieve them via the Exa API.