Caulkins v. Mathews
Supreme Court of Kansas
Error from Bourbon County. The opinion of the court contains a statement of the facts of the case to which reference is had.
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Error from Bourbon County. The opinion of the court contains a statement of the facts of the case to which reference is had. It may not he amiss to add here the whole charge given by the coui't to the jury, which is as follows: 1st. In the enjoyment, use, and management of his own properly it was the duty of the defendant to use and keep it in such condition, and with that ordinary care and prudence which the average and great majority of prudent men exercise in the management of their own lands. And if, by reason of failure or neglect so to use and keep his property, the plaintiff has…
1Opinion of the Court
By the Court,
Valentine, J.
The action below was brought by the defendant in *198error as plaintiff, to recover the value of a horse, which, while grazing and ranging upon the uninclosed lands of the plaintiff in error, who was defendant below, “slipped and fell into a hole or well and was killed.”
The record shows that in May, 1867, the defendant below was the owner of a quarter section of land in Bourbon county, within one mile and a half of Fort Scott, which land he had owned for six or seven years, and upon which he resided at the commencement of the war. At that time his house and well and a…
2Cases cited7 opinions
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- Cortelyou v. Van BrundtNew York Supreme Court · 1807
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- Holladay v. MarshNew York Supreme Court · 1829
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3Cited by12 opinions
- Ryan v. TowarMichigan Supreme Court · 1901
- Board of Comm'rs of Shawnee Co. v. BeckwithSupreme Court of Kansas · 1873
- Kansas Natural Gas Co. v. HaskellU.S. Circuit Court for the District of Eastern Oklahoma · 1909
- McCann v. Johnson County Telephone Co.Supreme Court of Kansas · 1903
- Poindexter v. MaySupreme Court of Virginia · 1900
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