Lee v. Minneapolis & St. Louis R'y Co.
Supreme Court of Iowa
Appeal from Hancoclc Circuit Court. This is an action to recover double tlie value of two hogs, the property of the plaintiff, which were killed by a train of cars on defendant’s railroad, at a point where it had the right to fence its road, but had not done so. Upon a trial of the case a judgment was rendered for the plaintiff, and defendant appeals.
1Opinion of the CourtRothrook, J.
i.railroads: fencing track: liability for on track. I. The amont in controversy, as shown by the pleadings, does not exceed $100, and the appeal comes to us upon the following certificate of the trial . , , , , , nidge: “(1) Where hogs, which are prohibited by statute from running at large, are allowed by the owner to run at large upon his 'unfenced premises, through which a line of railway runs, with the full knowledge, sufferance and consent of the owner, and while so running at large go upon the line of defendant’s unfenced railway, at a point where defendant has a right to fence its…
2Cases cited2 opinions
- Krebs v. Minneapolis & St. Louis Railway Co.Supreme Court of Iowa · 1884
- Fernow v. Dubuque & Southwestern RailroadSupreme Court of Iowa · 1867
3Cited by4 opinions
- Morrison v. Burlington, Cedar Rapids & Northern Railway Co.Supreme Court of Iowa · 1892
- Claus v. Chicago, Great Western Railway Co.Supreme Court of Iowa · 1907
- Granier v. ChagnonMontana Supreme Court · 1949
- Titus v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1905