Stewart v. Burlington & M. R. R.
Supreme Court of Iowa
Appal from Jefferson District Oowrt. Action for the recovery of the value of a bull, upon an agreed statement of facts as follows, to wit: “ That on August 21, 1868, plaintiff owned a bull of the value of $50; that said bull was running at large by the permission of the owner, the plaintiff, and was run over at said Jefferson county by one of defendant’s railroad trains, while thus running at large, and at a place on said road where defendant had a right and authority to…
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Appal from Jefferson District Oowrt. Action for the recovery of the value of a bull, upon an agreed statement of facts as follows, to wit: “ That on August 21, 1868, plaintiff owned a bull of the value of $50; that said bull was running at large by the permission of the owner, the plaintiff, and was run over at said Jefferson county by one of defendant’s railroad trains, while thus running at large, and at a place on said road where defendant had a right and authority to build, erect, and keep up fences inclosing said road, but where there was no fence.” Judgment for plaintiff. The defendant…
1Opinion of the Court
Day. Oh. J.
This action is based upon the provisions of chapter 169 of the laws of the ninth General Assembly (Laws 1862, p. 198), by which it is enacted: “Sec. 6. Any railroad company hereafter running or operating its road in this State, and failing to fence such road on either or both sides thereof, against live stock running at large, at all points where said road have the right to fence, shall be absolutely liable to the owner of any live stock injured, killed or destroyed, by reason of the want of such fence or fences as aforesaid, for the value of the property so injured, killed or…
2Cases cited1 opinion
- Spence v. Chicago & North-western Railway Co.Supreme Court of Iowa · 1868
3Cited by14 opinions
- Wick v. GunnSupreme Court of Oklahoma · 1917
- Barrie v. United Railways Co.Missouri Court of Appeals · 1909
- Beatty v. United StatesCourt of Appeals for the Eighth Circuit · 1951
- Claus v. Chicago, Great Western Railway Co.Supreme Court of Iowa · 1907
- Gillam v. Sioux City & St. Paul RailroadSupreme Court of Minnesota · 1879
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