Hocking Valley Railway Co. v. Phillips
Ohio Supreme Court
Error to the Circuit Court of Wood countv. Suit was brought by defendant in error George Phillips, before a justice of the peace of Montgomery township, Wood county, Ohio, against The Flocking Valley Railway Company and The Toledo, Fostoria & Findlay Railway Company as defendants, to recover the value of a steer which was killed by the latter company on its private right of way.
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Error to the Circuit Court of Wood countv. Suit was brought by defendant in error George Phillips, before a justice of the peace of Montgomery township, Wood county, Ohio, against The Flocking Valley Railway Company and The Toledo, Fostoria & Findlay Railway Company as defendants, to recover the value of a steer which was killed by the latter company on its private right of way. In the justice's court judgment was rendered in favor of the plaintiff George Phillips against the defendants jointly, for the sum of forty-five dollars and the costs of suit. The cause was then appealed to the court…
1Opinion of the CourtCrew, J.
At common law a railroad company was not required to enclose or fence its right of way, and domestic animals straying or going upon such right of way were considered trespassers thereon, and if killed or injured the owner thereof was without remedy. The obligation to fence, if any exists, is statutory and must rest upon legislative enactment, for no such duty is imposed by the common *459law. In this state, by Section 3324, Revised Statutes, the duty is imposed upon every railroad company to construct and maintain, on each side of its right of way, a fence sufficient to turn stock, and the…
2Cases cited3 opinions
- Blais v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1885
- Frisch v. Chicago Great Western Railway Co.Supreme Court of Minnesota · 1905
- Smith v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1887