Wood v. Union Pacific Railroad

Citations

• 88 Kan. 477
• 129 P. 193
• 1913 Kan. LEXIS 369

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. ’ Damage to Stock—Right of Way—Railroad “Cattle-guard Act.” A and B own farms separated by a public highway. A railroad runs across both farms. The horses of A escaped from his premises, went across the highway, over a cattle guard and upon the railroad right of way where they were, killed by a train. Such cattle guard is located where the railroad enters the fenced land of B. Held, that the railroad company is not liable to A by virtue of any provision of the cattle-guard act of 1869. (Gen. Stat. 1909, §§ 7008-7010.)</p> <p>2. Jury—Conflicting Findings—Inconsistent with Verdict. When the findings of the jury are incapable of being harmonized, and some of- them are inconsistent with the general verdict, a new trial should be granted.</p>