St. Louis & San Francisco Railroad v. Hoff

Citations

• 76 Kan. 506
• 92 P. 539
• 1907 Kan. LEXIS 288

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>.1. Pleadings — Bill of Particulars — Construction. An informal statement of a material fact will be held sufficient in a bill of particulars before a justice of the peace; but when there is an absolute omission to state a fact essential to the cause of action, and such fact is not inferable from the allegations made, the omission is fatal, if proper objections are interposed to the testimony offered to prove such fact.</p> <p>:2. Railroads — Injury to Stock — Defective Right-of-way Fence. In an action under the statute against a railroad company for killing stock, caused by its failure to enclose the road with a fence, it is necessary to allege such failure in some manner. This case having been tried upon the theory that the negligence complained of consisted in such failure, and there being no allegation, directly or by inference, of such omission, the recovery cannot be sustained.</p>