Legal Opinion
Union Pacific Railway Co. v. Shannon
Supreme Court of Kansas
Decided January 15, 1888PublishedCited by 6 opinions
Error from Leavenworth District Court. Action by Shannon against The Railway Company to recover the value of seven- head of cattle alleged to have -been wrongfully and negligently killed by the defendant company. On May 1, 1886, judgment was rendered- for the plaintiff. The Company -brings the case here. The facts appear in U. P. Ply. Go. v. Shannon, 33 Kas. 446, and in the-opinion, infra.
1Opinion of the Court
Opinion by
Holt, C.
This is the second time this case has been in this court. (33 Kas. 446.) Upon the retrial of the case there was a verdict for plaintiff, and judgment thereon. Thé jury answered the following questions of fact submitted by plaintiff:
“1. Did the engineer of the train blow the whistle of the locomotive eighty rods west of the public crossing where plaintiff’s cattle were killed and injured ? Ans.: No.
“ 2. As soon as the engineer saw the cattle, did he apply the brakes to stop the engine? A. No.
“3. Could the engineer in charge of the engine, from the time he saw the- cattle upon…
2Cases cited2 opinions
- Morrow v. County Commissioners of Saline CountySupreme Court of Arkansas · 1879
- Union Pacific Railway Co. v. ShannonSupreme Court of Kansas · 1885
3Cited by6 opinions
- A., T. S. F. Rld. Co. v. JohnsonSupreme Court of Oklahoma · 1895
- Scott v. ThrallSupreme Court of Kansas · 1908
- Pioneer Trust Co. v. CombsSupreme Court of Kansas · 1927
- Atchison, Topeka & Santa Fe Railroad v. JohnsonSupreme Court of Oklahoma · 1895
- Murry v. Missouri Pacific Railway Co.Supreme Court of Kansas · 1915
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