Missouri, K. & T. Ry. Co. v. Williamson

Decision Date05 June 1897
PartiesMISSOURI, K. & T. RY. CO. v. WILLIAMSON.
CourtKansas Supreme Court

Error from district court, Miami county; John T. Burris, Judge.

Action by Marion Williamson against the Missouri, Kansas & Texas Railway Company. Judgment for plaintiff. Defendant brings error. Affirmed.

T. N. Sedgwick and Sperry Baker, for plaintiff in error.

John C. Sheridan, for defendant in error.

OPINION

PER CURIAM.

The only material questions presented for decision arise upon the evidence, and, to determine them, all the evidence is required. There is a statement in the record that it contains all the evidence offered on the trial, but it also appears that a blueprint map of the railroad track and depot grounds where the injury was inflicted was received in evidence, and is not included in the record. It was frequently referred to by the parties and their witnesses, and cannot be regarded as unimportant. In the absence of all the evidence, the questions based upon its sufficiency cannot be considered, and none of the other questions are deemed to be material.

The judgment of the district court will be affirmed.

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6 cases
  • Daly v. Josslyn
    • United States
    • Idaho Supreme Court
    • May 27, 1901
    ... ... P. 125; Cochrane v. Bussche, 7 Utah 233, 26 P. 294; ... Enos v. Wilcox, 3 Wash. 44, 28 P. 364; M. K. & ... T. R. R. Co. v. Williamson, 58 Kan. 814, 49 P. 157; ... Hardwick v. Rutter, 5 Kan. App. 692, 49 P. 98; ... Territory v. Roberts, 9 Mont. 12, 22 P. 132; Roy ... v. Union ... ...
  • Cheda v. Skinner
    • United States
    • Arizona Supreme Court
    • March 15, 1899
    ... ... 494; Antisdel ... v. R.W. Co., 26 Wis. 145, 7 Am. Rep. 44; Wood v ... R.R. Co., 49 Mich. 370, 13 N.W. 779; Railway Co. v ... Williamson, 58 Kan. 814, 49 P. 157 ... Where ... there is no bill of exceptions and no transcript of the ... evidence, it will be presumed that ... ...
  • Hawkins v. Brown
    • United States
    • Kansas Supreme Court
    • June 6, 1908
    ... ... in the manner alleged. In an opinion per [78 Kan ... 289] curiam (Railway Co. v. Williamson, 58 ... Kan. 814, 49 P. 157) the court held that a map received in ... evidence and frequently referred to by witnesses in giving ... testimony ... ...
  • Dendy v. The First National Bank of Cobleskill
    • United States
    • Kansas Supreme Court
    • March 7, 1903
    ... ... have been contained in these omitted exhibits. (Kansas ... City v. Parker, 65 Kan. 734, 70 P. 867; Railway Co ... v. Williamson, 58 Kan. 814, 49 P. 157.) It is true that ... the record at another place than that referred to shows ... exhibits "F," "G" and "I" of a ... ...
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