Legal Opinion
Rio Grande Western Railway Co. v. Boyd
Supreme Court of Colorado
Decided April 15, 1908No. 5464; No. 3134 C. APublishedCited by 12 opinions
Appeal from the County Court of Mesa County. Eon. Walter 8. Sullivan, Judge. Action by William Boyd against The Bio Grande Western Bailway Company. From a judgment for plaintiff, defendant appeals.
1Opinion of the CourtJustice Gabbert
This is an appeal by The Bio Grande Western Bailway Company from a judgment in favor of appellee for the value of a cow belonging to him, which was killed by the railroad company. The basis of the claim of appellee is that the cow was killed by the negligence of the employees of- the company.
Section 5 of the Stock Act (Session'Laws 1902, p. 25) provides:
"The killing or injury of any animal or animals by a railway company or corporation shall be prima facie evidence of the negligence of said railway company * *
The railroad track at the point where the cow was struck runs nearly east and west.…
2Cases cited4 opinions
- Young v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1883
- Colorado Cent. R. v. CaldwellSupreme Court of Colorado · 1888
- New Orleans & Northeastern R. R. v. BourgeoisMississippi Supreme Court · 1888
- Milburn v. Hannibal & St. Joseph Railway Co.Missouri Court of Appeals · 1886
3Cited by12 opinions
- Chicago, Burlington & Quincy Railroad v. ChurchSupreme Court of Colorado · 1911
- Town of Meeker v. FairfieldColorado Court of Appeals · 1913
- Denver, Boulder & Western Railroad v. McDonoughSupreme Court of Colorado · 1913
- Denver & Rio Grande Railroad v. DunnSupreme Court of Colorado · 1909
- Denver & Rio Grande Railroad v. BirdSupreme Court of Colorado · 1915
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