McDonald v. Great Northern Railway Co.
Idaho Supreme Court
APPEAL from District Court, Kootenai County. This is an appeal by the Great Northern Eailway Company from the judgment of the court below, rendered in an action, sounding in tort for the negligent killing of five head of horses, the property of the respondents, by a locomotive and train of freight ears owned and operated, by the appellant.
Read the full summary
APPEAL from District Court, Kootenai County. This is an appeal by the Great Northern Eailway Company from the judgment of the court below, rendered in an action, sounding in tort for the negligent killing of five head of horses, the property of the respondents, by a locomotive and train of freight ears owned and operated, by the appellant. The respondents negligently and carelessly turned their horses out on the right of way and railway track of the appellant, and left them unguarded and unattended, and such horses were killed, by the contributory fault and negligence of the respondents,…
1Opinion of the CourtHuston, J.
The record in this case develops but little conflict in the evidence. The facts are substantially as follows: The plaintiff, by her agents and employees, was engaged in cutting ties and other timber upon the land adjoining the right of way of defendant, which, at the point where the accident which is the basis of this action occurred, was through land heavily timbered upon both sides of the right of way. The land was cleared upon both sides of the- track the width of the right of way, and, where the timber had been cleared off, there was a growth of grass and willows. A small stream crossed…
2Cases cited3 opinions
- Welty v. Indianapolis & Vincennes RailroadIndiana Supreme Court · 1886
- Flood v. McClureIdaho Supreme Court · 1893
- Fort Wayne, Cincinnati & Louisville Railroad v. WoodwardIndiana Supreme Court · 1887
3Cited by3 opinions
- Watson v. Navistar International Transportation Corp.Idaho Supreme Court · 1992
- Clark v. FosterIdaho Supreme Court · 1964
- Watson v. Navistar International Transportation Corp.Idaho Supreme Court · 1992