Dibblee v. Astoria & Columbia River R. R.
Oregon Supreme Court
From Columbia: Thomas A. McBride, Judge. This is an action by John Dibblee against the Astoria & Columbia River Railroad Company, to recover damages for stock killed upon the right of way of defendant by a moving train. From a judgment in favor of plaintiff, defendant appeals.
1Opinion of the CourtJustice Eakin
This is an action to recover damages from the railroad company for loss of stock killed upon defendant’s right of way by a moving train. The complaint alleges that plaintiff is the owner of an inclosed tract of land, through which, for a distance of three miles defendant’s railroad is located; that defendant neglected to maintain a lawful fence along such track; that on the 18th of June, 1907, two of plaintiff’s horses, pasturing in such inclosure, wandered therefrom over and upon defendant’s track, where the same was unfenced, or improperly fenced, and were struck by a moving train and…
2Cases cited5 opinions
- Enright v. The S.F. & San Jose R.R.California Supreme Court · 1867
- Mackie v. Central RailroadSupreme Court of Iowa · 1880
- Poler v. . the New-York Central Railroad CompanyNew York Court of Appeals · 1857
- Jacksonville, Tampa & Key West Railway Co. v. HarrisSupreme Court of Florida · 1894
- Tyson v. K. & D. M. R.Supreme Court of Iowa · 1876
3Cited by3 opinions
- Saunders v. A. M. Williams & Co.Oregon Supreme Court · 1936
- Schulte v. Pacific Paper Co.Oregon Supreme Court · 1913
- Dimitre Electric Co. v. PagetOregon Supreme Court · 1944