McKissick v. Oregon Short Line Railway Co.
Idaho Supreme Court
APPEAL from the District Court of the Fourth Judicial District for Blaine County. Hon. Lyttleton Price, Judge. Action to recover damages for the killing and injuring of livestock by a railway train. Judgment for plaintiff. Defendant appealed.
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APPEAL from the District Court of the Fourth Judicial District for Blaine County. Hon. Lyttleton Price, Judge. Action to recover damages for the killing and injuring of livestock by a railway train. Judgment for plaintiff. Defendant appealed. Where the only proof to establish negligence of the defendant in killing stock is the fact that the place where stock was run over and killed by a moving freight train was at a point on the track where persons in charge and operating said train could have seen the cow in time to have stopped the train, in the absence of all showing as to when the cow…
1Opinion of the CourtAilshie, C. J.
This action was commenced to recover damages for killing three head of cattle and maiming one cow. The animals were injured and killed near the station at Tikura, on the Hailey branch of the Oregon Short Line Railway, on the thirteenth day of July, 1905, and damages were claimed in the sum of $140. The injury and loss was caused by one of the defendant’s freight trains striking the animals while crossing the track. Verdict was returned in favor of the plaintiff for the sum of $110, and judgment was entered accordingly; defendant moved for a new trial and the motion was denied, and this appeal…
2Cases cited1 opinion
- Grand Trunk Railway Co. v. IvesSupreme Court of the United States · 1892
3Cited by25 opinions
- Wheeler v. Oregon Railroad & Navigation Co.Idaho Supreme Court · 1909
- Webster v. Potlatch Forests, Inc.Idaho Supreme Court · 1947
- McShane v. QuillinIdaho Supreme Court · 1929
- Vancil v. AndersonIdaho Supreme Court · 1951
- In Re the Estate of RandallIdaho Supreme Court · 1937
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