Stewart v. Chicago & Northwestern R. R.
Supreme Court of Iowa
Appeal from Tama District Court. Action eor killing stock. — A jury was waived and the court found the following facts : 1. Plaintiff’s hogs, of the value, etc., were killed by defendant’s cars and engine as charged, etc. 2. At the time the county had, by a proper vote, adopted \jkat }s called the “ hog law,” and it was in full force. 3. Proper notice of the loss was given, etc., and the road was not fenced where the hogs were killed, though the company there had a right to…
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Appeal from Tama District Court. Action eor killing stock. — A jury was waived and the court found the following facts : 1. Plaintiff’s hogs, of the value, etc., were killed by defendant’s cars and engine as charged, etc. 2. At the time the county had, by a proper vote, adopted \jkat }s called the “ hog law,” and it was in full force. 3. Proper notice of the loss was given, etc., and the road was not fenced where the hogs were killed, though the company there had a right to fence. 4. In 1864, the C. R. and IVIo. River R. R. Co., the then owner of this road, leased the same to the defendants,…
1Opinion of the CourtWright, J.
i. -RtrT.nn.T,: swine :4local reguiation. I. Appellant suggests but does not argue the question of liability growing out of the “ local regulation ” as to fences in Tama county. It is conceded that the point has been ruled in accordance with the judgment below, and yet we are asked to reconsider the same. We are not possessed of any new light upon this subject; it clearly appers that though defendant had a right j;o fence when these hogs were killed, it had not fenced, either iai accordance with the “ local regulation ” or otherwise. The conclusion of the court below was in harmony with' what…
2Cases cited2 opinions
- Fernow v. Dubuque & Southwestern RailroadSupreme Court of Iowa · 1867
- Liddle v. Keokuk, Mt. Pleasant & M. R. R.Supreme Court of Iowa · 1867
3Cited by4 opinions
- Stephens v. D. & St. P. R. Co.Supreme Court of Iowa · 1873
- Sayre Land Co. v. Pennsylvania Public Utility CommissionSuperior Court of Pennsylvania · 1961
- Fritz v. Milwaukee & St. Paul R. R.Supreme Court of Iowa · 1872
- Sorenson v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1918