Legal Opinion

Waters v. Moss

California Supreme Court

Decided January 15, 1859PublishedCited by 8 opinions

Appeal from the Sixth District, County of Sacramento. The facts are stated in the opinion of the Court.

1Opinion of the CourtTerry, C. J.

This is an action to recover the value of a horse killed by the cars upon the Sacramento railroad. The case was tried below without a jury—defendant had judgment and the plaintiff appealed.

It appears that the horse had been permitted to run at large upon the uninclosed commons. That at the time the cars were passing, the horse, in company with others, was about crossing the railroad track, upon a public road; becoming frightened, it ran along the track some hundred yards, where the road crossed an open culvert, there being a fence on each side of the track; that the horse failed in the…

2Cited by8 opinions

  1. U. P. R. W. Co. v. RollinsSupreme Court of Kansas · 1869
  2. Herzberg v. County of PlumasCalifornia Court of Appeal · 2005
  3. Blevins v. MullallyCalifornia Court of Appeal · 1913
  4. Hamilton v. Chicago, Burlington & Quincy Railway Co.Supreme Court of Iowa · 1910
  5. Pray v. Trower Lumber Co.California Court of Appeal · 1929

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