Missouri, Kansas & Texas Railway Co. v. Haber
Supreme Court of Kansas
Error from Lyon District Court. Charles Haber, as plaintiff, brought suit in the district court of Chase county against E. A. Hosier and George D. Hosier, partners as Hosier Bros., The Missouri, Kansas & Texas Railway Company, Francis Brogan, "W. J. Brogan, and Joseph N. Brogan, partners as Brogan & Sons, and numerous other parties defendant, alleging that the plaintiff resided in Lyon county, and there kept and owned 49 head of healthy native cattle; that Hosier Bros, owned…
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Error from Lyon District Court. Charles Haber, as plaintiff, brought suit in the district court of Chase county against E. A. Hosier and George D. Hosier, partners as Hosier Bros., The Missouri, Kansas & Texas Railway Company, Francis Brogan, "W. J. Brogan, and Joseph N. Brogan, partners as Brogan & Sons, and numerous other parties defendant, alleging that the plaintiff resided in Lyon county, and there kept and owned 49 head of healthy native cattle; that Hosier Bros, owned and kept in the state of Texas 2,300 head of wild, undomesticated Texas cattle, capable of communicating Texas,…
1Opinion of the Court
The opinion of the court was delivered by
Allen, J.: I. The main contention of counselfor the plaintiff in error is that this was an interstate shipment of cattle; that the company’s connection with, the whole matter was that only of a common carrier ; that it complied with all the regulations prescribed by the department of agriculture under th!e act of congress ; that the federal statute and the regulations established by the secretary of agriculture under it is' the supreme law, and in effect repeals all provisions of the laws of Kansas in any manner conflicting therewith ; that the company…
2Cases cited6 opinions
- Railroad Co. v. HusenSupreme Court of the United States · 1878
- Smith v. TurnerSupreme Court of the United States · 1849
- Gulf, Colorado & Santa Fé Railway Co. v. HefleySupreme Court of the United States · 1895
- Kimmish v. BallSupreme Court of the United States · 1889
- Harsh v. MorganSupreme Court of Kansas · 1863
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- American National Bank v. BranchSupreme Court of Kansas · 1896
- Reid v. PeopleSupreme Court of Colorado · 1902