St. Louis & San Francisco Railway Co. v. Rierson
Supreme Court of Kansas
Error from Gh'eenwood District Court. Proceeding in error for the reversal of an order overruling a motion to quash an execution.
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Error from Gh'eenwood District Court. Proceeding in error for the reversal of an order overruling a motion to quash an execution. W. Rierson brought an action against The St. Louis & San Francisco Railway Company to recover damages sustained by reason of the failure of the railway company to construct a cattle-guard where the railway entered ,his premises; and on December 10, 1884, he recovered a judgment of $144.30 as damages, and his costs, taxed at $118. The parties then entered into a contract by the terms of which the railway company agreed to pay Rierson the judgment in full, and all of…
1Opinion of the Court
The opinion of the court was delivered by
Johnston, J.:
None of the grounds upon which the motion to quash was based are sufficient. The so-called compromise agreement was a conditional one. Rierson agreed to remit $37.50 of the judgment which he had recovered, provided the railway company paid the balance of the judgment within thirty days, and constructed a cattle-guard within the same period. The failure of the company to build the cattle-guard and thus complete the inclosure of defendant in error, caused the damage upon which the judgment was founded. From the nature of things, the time of…
2Cases cited1 opinion
- Bogle v. BloomSupreme Court of Kansas · 1887
3Cited by7 opinions
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- City of Sapulpa v. YoungSupreme Court of Oklahoma · 1931
- McMurtry v. ByrdSupreme Court of Oklahoma · 1909
- Garden City, Gulf & Northern Railroad v. Board of County CommissionersSupreme Court of Kansas · 1910
- Browning v. HuffCourt of Appeals of Kentucky · 1924
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