Dannenberg v. Missouri Pacific Railway Co.

Citations

• 96 Kan. 708
• 153 P. 504
• 1915 Kan. LEXIS 473

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Injury to Horses — Demand for Compensation Refused — Action—Recovery — Attorney Fee — Statute Constitutional. The statute providing for recovering an attorney fee in case of suit after demand and refusal to pay for stock killed or injured in the-operation of a railroad (Gen. Stat. 1909, § 7002) was not designed to attach onerous penalties to the nonpayment of extravagant demands but requires' payment of an attorney fee in case suit should be necessary to recover a legitimate demand and consequently does not deny due process of law within the purview of the federal constitution.</p> <p>2. Same. If in an action brought under the statute the plaintiff recover a sum considerably smaller than that stated in his demand an attorney fee should be allowed when refusal to comply with the demand was not based on the ground that it was excessive and the action was resisted on the ground that the defendant was not liable in any sum,</p> <p>S. Trial — No Error in Record. Assignments of error relating to the admission of evidence and to findings of fact held to be without substantial merit.</p>