Hindman v. Oregon Short Line Railroad
Idaho Supreme Court
APPEAL from the District Court of the Seventh Judicial District, for Washington County. Hon. Ed. L. Bryan, Judge. Action against a railroad company for damages and attorney fees under the statute requiring such companies to maintain lawful fences along their rights of way. The court erred in allowing attorney’s fees under the provisions of see. 2818, Rev. Codes, as amended by chapter 223, Laws 1911. (St. Louis M. & S. By. Go. v. Wynne, 224 U. S. 354, 32 Sup.
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APPEAL from the District Court of the Seventh Judicial District, for Washington County. Hon. Ed. L. Bryan, Judge. Action against a railroad company for damages and attorney fees under the statute requiring such companies to maintain lawful fences along their rights of way. The court erred in allowing attorney’s fees under the provisions of see. 2818, Rev. Codes, as amended by chapter 223, Laws 1911. (St. Louis M. & S. By. Go. v. Wynne, 224 U. S. 354, 32 Sup. Ct. 493, 56 L. ed. 799, 42 L. R. A., N. S., 102; Pacific Mut. Life Ins. Co. v. Garter, 92 Ark. 378, 123 S. W. 384, 124 S. W. 764, see,…
1Opinion
ON REHEARING.
BUDGE, J.
A rehearing has been granted on appellant’s petition, setting forth among other things that C. L., sec. *1412815, imposes an absolute liability upon railroad companies for failure to fence as therein required, seeking thereby to distinguish this case from the case of Atchison. T. & S. F. R. Co. v. Matthews, 174 U. S. 96, 19 Sup. Ct. 609, 43 L. Ed. 909, see, also, Rose’s U. S. Notes, upon the theory that the decision in the latter case turned upon the question that the mere proof of the occurrence of the fire established a prima facie case.
While we are of the opinion that…
2Cases cited15 opinions
- Atchison, Topeka & Santa Fé Railroad v. MatthewsSupreme Court of the United States · 1899
- Tiffany v. National Bank of Mo.Supreme Court of the United States · 1874
- Helwig v. United StatesSupreme Court of the United States · 1903
- Railroad v. CriderTennessee Supreme Court · 1892
- Barnett v. Atlantic & Pacific RailroadSupreme Court of Missouri · 1878
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