Russell v. Considine

Citations

• 101 Kan. 631
• 168 P. 1095
• 1917 Kan. LEXIS 163

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Damages — Cattle Drinking Polluted Water — Liability of Railway Company Not Shown. The facts relied upon to fix liability on a. railway company for damages to cattle which had drunk water polluted by a dipping fluid which had been splashed from a dipping vat belonging to a private citizen and established by the latter on property leased from the railway company examined, and held to show no liability on the part of the railway company.</p> <p>2. Same — Individual Liability of Person Who Polluted Water. The facts relied upon to fix liability for damages for the injury and death of cattle which, had drunk water polluted by the splashing and overflow of an arsenic solution from a dipping vat maintained by a defendant for disinfecting cattle examined, and held sufficient to establish a prima facie case when tested by a demurrer to the evidence.</p> <p>8. Public Officer — When Personally Liable for Wrongful Conduct. The rule that a public official is not personally liable for errors, mistakes or omissions in the discharge of his duties which call for the exercise of judgment or discretion unless such official shortcomings are willful, corrupt, or malicious, has no application to personal acts or omissions which do not pertain to his official duties.</p>