Central Branch Railroad v. Ingram
Supreme Court of Kansas
Error from, Atohison District Court. On 15th November 1876, Ingram commenced an action against the Railroad Company, before a justice of the peace, to recover damages for the killing of a certain mare, on the line of the railroad, and also for an attorney-fee for the prosecution of the action. Ingram in his bill of particulars alleged that the Railroad Company neglected to inclose its road with a good and lawful fence, and that by reason thereof the animal was killed.
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Error from, Atohison District Court. On 15th November 1876, Ingram commenced an action against the Railroad Company, before a justice of the peace, to recover damages for the killing of a certain mare, on the line of the railroad, and also for an attorney-fee for the prosecution of the action. Ingram in his bill of particulars alleged that the Railroad Company neglected to inclose its road with a good and lawful fence, and that by reason thereof the animal was killed. He also alleged that on the 5th of October 1876, he “caused a written notice to be served upon W. F. Downs, the duly-appointed…
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
This was an action brought under the- law of 1874, to recover for the value of a certain mare killed by the train of defendant. The action was brought before a justice of the peace, and upon the trial judgment was rendered in favor of the plaintiff. A bill of exceptions was taken, and the case removed on error to the district court, and upon affirmance of judgment there, is now brought here.
The only question in this case is, as to the sufficiency of the demand, notice of which was served only upon the general superintendent. The statute…
2Cases cited1 opinion
- Atlantic & Pacific Rld. v. ReisnerSupreme Court of Kansas · 1877
3Cited by4 opinions
- In re McCortSupreme Court of Kansas · 1893
- Smith v. Missouri Pacific Railway Co.Supreme Court of Kansas · 1910
- Brothers v. PickelNew Jersey Superior Court Appellate Division · 1879
- Kansas City, Fort Scott & Gulp Railroad v. FrazierSupreme Court of Kansas · 1880