Coyle v. Chicago, Milwaukee & St. Paul R'y Co.
Supreme Court of Iowa
Appeal from Jones Circuit Court. ActioN before a justice of the peace to recover double the value of a calf killed by a train on defendant’s road, at a place, as claimed by the plaintiff, where the right to fence existed. By agreement of the parties, the j ustice made a finding of facts, and rendered judgment for the plaintiff. The defendant sued out of the circuit court a writ of error. The judgment of the justice was affirmed, and the defendants appeal.
1Opinion of the CourtSeevers, J.
The question we are called on to determine has been certified to us by the trial judge, and is in these *519words: “Is it necessary for railroad companies, for the purpose of avoiding the statutory liability for hilling stock on the line of its road within the limits of corporate towns, and outside of the first street or alley of said town, to fence same against stock running at large?”
It is provided by statute that “any. corporation operating a railway that fails to fence the same against live-stock running at large, at all points where the right to fence exists, shall be liable to the owner of…
2Cases cited2 opinions
- Davis v. Burlington & Missouri River R. R.Supreme Court of Iowa · 1869
- Rogers v. Chicago & Northwestern R. R.Supreme Court of Iowa · 1869
3Cited by2 opinions
- Gibson v. Iowa Central Railway Co.Supreme Court of Iowa · 1907
- Blanford v. Minneapolis & St. Louis R'y Co.Supreme Court of Iowa · 1887