Ferrell v. Oregon Short Line R. R. Co.

This appeal involved two separate cases brought to recover damages and attorney’s fees for the killing of two cows by one of defendant’s trains at Jonathan, Idaho, on May 5, 1923. The complaints alleged in substance that on the specific date one of defendant’s trains struck and killed the two cows in question near Jonathan station at a point where defendant was required by C. S., sec. 4814, to fence its right of way; that defendant had failed to do so, and was liable under the statute for the damages caused plaintiffs. The defendant admitted the killing of the animals, but denied they were…