Legal Opinion

Mayberry v. Sivey

Supreme Court of Kansas

Decided January 15, 1877PublishedCited by 22 opinions

Error from Bourbon District Court. All the facts will appear in the opinion, infra. Judgment was given for Sivey, at the December Term 1875, and May-berry, defendant, brings the case here. that there was no want of care or diligence, cited Wharton on Neg., §82; and that witness Hayes was improperly permitted to testify, 1 Greenl. Ev. §329; 1 Phil.

Read the full summary

Error from Bourbon District Court. All the facts will appear in the opinion, infra. Judgment was given for Sivey, at the December Term 1875, and May-berry, defendant, brings the case here. that there was no want of care or diligence, cited Wharton on Neg., §82; and that witness Hayes was improperly permitted to testify, 1 Greenl. Ev. §329; 1 Phil. Ev., ch. 2, p. 7. that the fact that Sivey was riding free, did not affect the question of liability, cited 14 How. 468; that the testimony of Hayes was properly received, Gen. Stat., p. 695, §339, and p. 598, §§3, 5.

1Opinion of the Court

The opinion of the court was delivered by

Horton, C. J.:

This was an action for personal injuries. The petition alleged among other things, that in the month of February 1875, the defendant was in the city of Fort Scott, and the owner and in possession of a buggy and one horse, which he was then driving; that defendant lived and resided near plaintiff, some four miles from Fort Scott; that he asked and invited plaintiff to get into his buggy, and ride home with him; that plaintiff accepted the invitation, got into the buggy with defendant, and started for home; that while on their way home, and…

2Cited by22 opinions

  1. Massaletti v. FitzroyMassachusetts Supreme Judicial Court · 1917
  2. Henry Ex Rel. Henry v. BauderSupreme Court of Kansas · 1974
  3. Jacobs v. JacobsSupreme Court of Louisiana · 1917
  4. Greenfield v. MillerWisconsin Supreme Court · 1921
  5. Beard v. KlusmeierCourt of Appeals of Kentucky · 1914

17 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API