Kansas Pacific Rly. Co. v. Wood
Supreme Court of Kansas
Error from Riley District Court. Two actions, brought under the stock law of 1874, against the Kansas Pacific Railway Company; one action by Wood, to recover damages for two steers belonging to him, which had been killed by the defendant’s trains, and the other by Weichselbaum, to recover damages for his horse killed thereby.
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Error from Riley District Court. Two actions, brought under the stock law of 1874, against the Kansas Pacific Railway Company; one action by Wood, to recover damages for two steers belonging to him, which had been killed by the defendant’s trains, and the other by Weichselbaum, to recover damages for his horse killed thereby. Trial by the court at the March Term, 1880, when the former plaintiff recovered a judgment for $110 and costs, and the latter plaintiff had judgment for $135 and costs. The defendant brings the cases here. The opinion states the facts.
1Opinion of the Court
The opinion of the court was delivered by
Brewer, J.:
These are actions under the law of 1874 against the defendant, now plaintiff in error, for stock killed *620by its trains. At the time these injuries were done, the railroad was in possession and under the control of a receiver appointed by the United States court, and the principal question is, can the company be held liable for stock killed upon its road, by its trains, when the management and possession of the road are not in the corporation, but in the hands of an officer of the court? Beyond the-possession of the receiver, these further…
2Cases cited8 opinions
- Bay City & East Saginaw Railroad v. AustinMichigan Supreme Court · 1870
- Indianapolis & Cincinnati Railroad v. AdkinsIndiana Supreme Court · 1864
- Ohio & Mississippi Railroad v. FitchIndiana Supreme Court · 1863
- McKinney v. Ohio & Mississippi RailroadIndiana Supreme Court · 1864
- Ohio & Mississippi Railway Co. v. MillerIndiana Supreme Court · 1874
3 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Arrowsmith v. Nashville & D. R.U.S. Circuit Court for the District of Tennessee · 1893
- Union Trust Co. v. CuppySupreme Court of Kansas · 1882
- Ryan v. HaysTexas Supreme Court · 1884
- St. Louis, Wichita & Western Railway Co. v. CurlSupreme Court of Kansas · 1882
- Smith ex rel. Smith v. Atchison, Topeka & Santa Fé RailroadSupreme Court of Kansas · 1881
14 more not listed; retrieve them via the Exa API.