Bowers v. Chicago, Milwaukee & St. Paul Ry. Co.
Montana Supreme Court
Appeal from District Court, Musselshell County; George P. Jones, Judge. Action by J. W. Bowers against tbe Chicago, Milwaukee & St. Paul Railway Company, a corporation. Judgment for plaintiff and defendant appeals. In suits for damages on account of injury to animals on railroad tracks, the place where the animal came upon the track is nearly always a controlling element in determining the liability of the company.
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Appeal from District Court, Musselshell County; George P. Jones, Judge. Action by J. W. Bowers against tbe Chicago, Milwaukee & St. Paul Railway Company, a corporation. Judgment for plaintiff and defendant appeals. In suits for damages on account of injury to animals on railroad tracks, the place where the animal came upon the track is nearly always a controlling element in determining the liability of the company. (3 Elliott on Railroads, p. 453.) The -general rule is that if the animal came upon the track at a place where the company was exempt from fencing, there can be no liability unless…
1Opinion of the CourtChief Justice Brantly
A mare belonging to plaintiff, which had strayed into the station grounds, of defendant at Baseom, Montana, was run down by a freight train and fatally injured, so that it was necessary to kill her. Plaintiff commenced this action to recover damages for the loss he thus sustained. After issues had been made up, the parties submitted the cause for judgment upon an agreed statement of facts. The court concluded that the defendant was liable and rendered judgment for the plaintiff for $200, the amount which it was agreed the mare was worth, with interest at 8 per cent per annum from the date of…
2Cases cited1 opinion
- Knop v. Chicago, Milwaukee & St. Paul Ry. Co.Montana Supreme Court · 1920
3Cited by1 opinion
- Ferrell v. Oregon Short Line R. R. Co.Idaho Supreme Court · 1927