Legal Opinion

Kansas Pacific Rly. Co. v. Montelle

Supreme Court of Kansas

Decided July 15, 1872PublishedCited by 8 opinions

Error from Davis District Court. Montelle bought through tickets for himself and family from New York city to Junction City, Kas. He was an immigrant from England, and his luggage consisted of thirteen boxes, trunks and packs, which were weighed, marked, and checked at New York by the baggage-master. The boxes were numbered from 1 to 13, and marked, “Paid through to Junction City, Kas.”

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Error from Davis District Court. Montelle bought through tickets for himself and family from New York city to Junction City, Kas. He was an immigrant from England, and his luggage consisted of thirteen boxes, trunks and packs, which were weighed, marked, and checked at New York by the baggage-master. The boxes were numbered from 1 to 13, and marked, “Paid through to Junction City, Kas.” Montelle paid $120 extra for said baggage or luggage, and each of the thirteen articles so marked was checked, Montelle receiving thirteen regular baggage-checks therefor. The checks were changed at Toledo,…

1Opinion of the Court

The opinion of the court was delivered by

Valentine, J.:

The plaintiff in error (defendant below) claim that there are three questions for us to decide in this case. These ^questions are as follows: First, Whether proof -of delivery by the plaintiff to the joint agent of the defendant and the Hannibal & St. Joseph Railroad Company of cheeks of the last-named company, calling for the transportation of baggage from Quincy to Kansas City, was suffi*125cient evidence to go to the jury to show prima facie that the defendant received the goods, etc., which the plaintiff alleged he delivered to the…

2Cases cited8 opinions

  1. Missouri Valley R. R. v. CaldwellSupreme Court of Kansas · 1871
  2. Kansas Insurance v. BerrySupreme Court of Kansas · 1871
  3. Kansas Pacific Railway Co. v. McCoySupreme Court of Kansas · 1871
  4. Pacific Railroad v. NashSupreme Court of Kansas · 1871
  5. Blair v. FieldsSupreme Court of Kansas · 1869

3 more not listed; retrieve them via the Exa API.

3Cited by8 opinions

  1. Kansas Pacific Railway Co. v. KunkelSupreme Court of Kansas · 1876
  2. People v. BradburyCalifornia Supreme Court · 1909
  3. Mulhall v. MulhallSupreme Court of Oklahoma · 1895
  4. American Bridge Co. v. MurphySupreme Court of Kansas · 1874
  5. Kansas Pacific Railway Co. v. BradySupreme Court of Kansas · 1877

3 more not listed; retrieve them via the Exa API.

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