Legal Opinion

Atchison, Topeka & Santa Fé Railroad v. Cone

Supreme Court of Kansas

Decided July 15, 1887PublishedCited by 18 opinions

Error from Wyandotte District Court. Action by Jared Cone against The Railroad Company, to recover damages for personal injuries. Trial at the July Term, 1885. The jury found for the plaintiff, and assessed his damages at $50,000, the sum which he prayed for. The jury also made 136 special findings of fact, requested by the defendaut company.

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Error from Wyandotte District Court. Action by Jared Cone against The Railroad Company, to recover damages for personal injuries. Trial at the July Term, 1885. The jury found for the plaintiff, and assessed his damages at $50,000, the sum which he prayed for. The jury also made 136 special findings of fact, requested by the defendaut company. It moved for judgment in its favor upon the findings of fact returned by the jury, notwithstanding the general verdict, which motion was overruled. Thereupon the defendant filed its motion for a new trial. Afterward, the court — the plaintiff consenting…

1Opinion of the Court

The opinion of the court was delivered by

Valentine, J.:

This was an action brought by Jared Cone against the Atchison, Topeka & Santa Fé Railroad Company, for alleged personal injuries. The alleged injuries were received on December 5, 1883; the action was commenced on September 26,1884; the case was tried at the July term, 1885, and was brought to this court on January 16, 1886. The de*569fendant in error, plaintiff below, moves to dismiss the action from this court, upon the ground that it has been brought to this court only upon a supposed case made for the supreme court, and that such case has…

2Cases cited2 opinions

  1. Douglass v. ParkerSupreme Court of Kansas · 1884
  2. Fearns v. Atchison, Topeka & Santa Fé RailroadSupreme Court of Kansas · 1885

3Cited by18 opinions

  1. Choctaw, O. G. R. Co. v. BurgessSupreme Court of Oklahoma · 1908
  2. Henderson v. DreyfusNew Mexico Supreme Court · 1919
  3. Leinbach v. Pickwick Greyhound LinesSupreme Court of Kansas · 1932
  4. Atchison, Topeka & Santa Fe Railroad v. LanniganSupreme Court of Kansas · 1895
  5. City of Argentine v. BenderSupreme Court of Kansas · 1905

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