Atchison & Nebraska R. R. v. Baty
Nebraska Supreme Court
Action to recover under section ten, Gen. Stat., 201, double tbe value of certain hogs of Emeline Baty, killed by the cars of the Atchison & Nebraska R. R. Oo. Yer-dict and judgment below in favor of said Emeline Baty, and the railroad company bring the cause here by petition in error.
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Action to recover under section ten, Gen. Stat., 201, double tbe value of certain hogs of Emeline Baty, killed by the cars of the Atchison & Nebraska R. R. Oo. Yer-dict and judgment below in favor of said Emeline Baty, and the railroad company bring the cause here by petition in error. The judgment of the district court rendered in this cause ought to be reversed, for the reason that the statute allowing the owner of animals killed or injured upon a railroad track to recover double the value thereof upon failure of the company to pay the value claimed within thirty days after notice, is…
1Opinion of the CourtGantt, J.
In this cause one question only is raised for determination by this court, and that is, whether that part of the statute of June 22d, 1867, which gives to the owner of live stock “double the value of hi's property injured, killed, or destroyed” on a railroad track, in case the same is not paid within thirty days after demand therefor is made upon the company, is “ the law of the land.” This question is one of importance. It involves an inquiry into the individual rights of property — the inquiry whether the title to the same can be divested without the assent of the owner, and the question of…
2Cases cited5 opinions
- Wilkinson v. LelandSupreme Court of the United States · 1829
- People ex rel. Le Roy v. HurlbutMichigan Supreme Court · 1871
- Holden v. JamesMassachusetts Supreme Judicial Court · 1814
- Bay City & East Saginaw Railroad v. AustinMichigan Supreme Court · 1870
- People v. MorrisNew York Supreme Court · 1835
3Cited by26 opinions
- Low v. Rees Printing Co.Nebraska Supreme Court · 1894
- Daugherty v. ThomasMichigan Supreme Court · 1913
- State ex rel. English v. RubackNebraska Supreme Court · 1938
- Chicago, R. I. & P. Ry. Co. v. MashoreSupreme Court of Oklahoma · 1908
- Abel v. ConoverNebraska Supreme Court · 1960
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