Young v. St. Louis, K. C. & N. Railway Co.
Supreme Court of Iowa
Appeal from Wapello District Oowt. Action to recover double the value of a horse killed upon defendant’s railroad. The horse, with some four others, came upon defendant’s railroad from a public highway.
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Appeal from Wapello District Oowt. Action to recover double the value of a horse killed upon defendant’s railroad. The horse, with some four others, came upon defendant’s railroad from a public highway. There was no cattle guard or fence to prevent the passage of stock from the public road to defendant’s railroad on the right of way of said road, nor was the said road or right of way fenced between the highway and the place of injury; but the defendant had the right to fence the same. Just prior to the occurrence of the injury, the said horse and four others were on the defendant’s right of…
1Opinion of the CourtAdams, J.
It is contended by defendant that, as there was no collision between its train and the plaintiff’s horse, it is not liable. In Peru & Indianapolis R’y Co. v. Hasket, 10 Ind., 409, the defendant’s horse, being on the track where the company had a right to fence, and being frightened by the approach of. the train, ran ahead of it a short distance, and in attempting to jump a culvert fell off one side of the track and was injured by the fall, the train not coming in collision with it. It was held that the company was not liable.
The statute provided for the recovery of damages where “an animal…
2Cases cited1 opinion
- Peru & Indianapolis Railroad v. HasketIndiana Supreme Court · 1858
3Cited by10 opinions
- Asbach v. Chicago, Burlington & Quincy Railway Co.Supreme Court of Iowa · 1888
- International & Great Northern Railroad v. HughesTexas Supreme Court · 1887
- Thayer v. Snohomish Logging Co.Washington Supreme Court · 1918
- Mikesell v. Wabash RailroadSupreme Court of Iowa · 1907
- Savage v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1884
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