Scheffer v. Chicago, Milwaukee & Puget Sound Ry. Co.
Montana Supreme Court
Appeal from District Court, Missoula County; John E. Patterson, Judge. Action by Peter Scheffer against the Chicago, Milwaukee & Puget Sound Eailway Company. From a judgment for plaintiff and an order denying it a new trial, defendant appeals. Counsel for appellant states in Ms brief, “the gates of course constitute a part of such fences,” which counsel for respondent admits.
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Appeal from District Court, Missoula County; John E. Patterson, Judge. Action by Peter Scheffer against the Chicago, Milwaukee & Puget Sound Eailway Company. From a judgment for plaintiff and an order denying it a new trial, defendant appeals. Counsel for appellant states in Ms brief, “the gates of course constitute a part of such fences,” which counsel for respondent admits. (Mackie v. Central Railroad of Iowa, 54 Iowa, 540, 6 N. W. 723.) But if a gate is part of a fence, an open gate, so long as it remains open, is not a good and legal fence, nor the proper maintenance thereof as required…
1Opinion of the CourtJustice Holloway
The defendant company’s railroad runs west from Huson, Montana, and immediately north of the residence of Dolphis Tetreault. The railroad right of way was fenced on both sides, thereby cutting off access from Tetreault’s residence to the public road. To accommodate Tetreault the railway company constructed a private grade crossing and a gate in its right of way fence on either side. One of these gates was left open by some unknown person and plaintiff’s cattle wandered through on to the railroad track, and some were killed and others injured. Plaintiff recovered a judgment in the lower court…
2Cases cited7 opinions
- Yellowstone County v. First Trust & Savings BankMontana Supreme Court · 1912
- Osterholm v. Boston & Montana Con. C. & S. Mining Co.Montana Supreme Court · 1910
- State ex rel. Anaconda Copper Mining Co. v. District Court of the Second Judicial DistrictMontana Supreme Court · 1902
- Wabash Railway Co. v. WilliamsonIndiana Supreme Court · 1885
- State ex rel. Gillett v. CroninMontana Supreme Court · 1910
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Great Northern Utilities Co. v. Public Service CommissionMontana Supreme Court · 1930
- Montana Beer Retailers Protective Ass'n v. State Board of EqualizationMontana Supreme Court · 1933
- Hildebrand v. Chicago B. & Q. R. R.Wyoming Supreme Court · 1933
- Fergus Motor Co. v. SorensonMontana Supreme Court · 1925
- Saccamonno v. Great Northern Railway Co.Idaho Supreme Court · 1917
3 more not listed; retrieve them via the Exa API.