Kansas, Oklahoma & Gulf Ry. Co. v. Keirsey

I do not agree with the majority opinion. I think that the facts set forth in plaintiff’s petition, together with the inferences to be reasonably drawn therefrom, state a cause of action against the defendant, and therefore, that the judgment of the trial court should have been 'affirmed.

The exact wording of the statutes prescribing a railroad’s duty to erect and maintain fences along its right of way involved herein, Title 66, O.S.1951 § 141, is as follows:

“It shall be the duty of every person or corporation owning or operating any railroad in the State of Oklahoma to fence its road, except…