Legal Opinion

Missouri Pacific Railway Co. v. Eckel

Supreme Court of Kansas

Decided July 15, 1892PublishedCited by 2 opinions

Error from Butler District Court. The case is stated in the opinion. 1. The facts in the case do not authorize a recovery, under the statute of 1874, relating to the killing and injuring of stock in the operation of railroads.

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Error from Butler District Court. The case is stated in the opinion. 1. The facts in the case do not authorize a recovery, under the statute of 1874, relating to the killing and injuring of stock in the operation of railroads. The question first presented amounts to simply this: If a horse, while running at large, becomes frightened at a passing train, and in his flight from the train crosses an unfenced railroad and runs against a wire fence located on the land of another, and which fence was constructed, owned and controlled by him, is the railway company operating said train liable, under…

1Opinion of the Court

Opinion by

Green, C.:

Charles B. Eckel brought an action against the Missouri Pacific Railway Company to recover damages and attorney’s fees for a mare alleged to have been killed by the negligence of the railroad company in the operation of its railroad, in Butler county. It seems that the right-of-way was not fenced on the north side of the railroad. South of the railroad, and near the south line of the right-of-way, there was a wire fence constructed and owned by the owner of the adjoining laud, running east and west parallel with the track. North of the railroad, and partially on the…

2Cases cited2 opinions

  1. A. T. & Santa Fé Railroad v. JonesSupreme Court of Kansas · 1878
  2. Missouri Pacific Railway Co. v. HarrelsonSupreme Court of Kansas · 1890

3Cited by2 opinions

  1. Union Pacific Railroad v. Court of Industrial RelationsSupreme Court of Kansas · 1924
  2. Schulman v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1939

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