Atchison, Topeka & Santa Fe Railway Co. v. Paxton

Citations

• 75 Kan. 197
• 88 P. 1082
• 1907 Kan. LEXIS 39

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Evidence — Judicial Notice — Boundaries—Location of Places. District courts of this state take judicial notice of the boundaries of counties, the location of incorporated cities within their respective districts, and whether a certain place definitely located by distances and directions from an incorporated city is within the county in which the court is being held.</p> <p>2. Railroads — Injury to Stock on Bight of Way — Defective Fence — Contributory Negligence. Contributory negligence is not a defense in an action brought under section 5859 of the General Statutes of 1901 against a railway corporation to recover the value of stock killed by the engine or cars of the company in operating such railway, where the road is unfenced or where the fence is so defective as to permit stock to pass upon the right of way.</p>