Bernardi v. Northern Pacific Railway Co.
Idaho Supreme Court
APPEAL from tlie District Court of the First Judicial District, for Shoshone County. Hon. W. W. Woods, Judge. An action to recover damages for the killing of a cow by a train operated by a railroad company, where the road was not fenced. Judgment for plaintiff. Defendant appeals. Where it is impracticable or impossible for a railroad company to erect and maintain fences along its right of way, it will be exonerated from so doing.
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APPEAL from tlie District Court of the First Judicial District, for Shoshone County. Hon. W. W. Woods, Judge. An action to recover damages for the killing of a cow by a train operated by a railroad company, where the road was not fenced. Judgment for plaintiff. Defendant appeals. Where it is impracticable or impossible for a railroad company to erect and maintain fences along its right of way, it will be exonerated from so doing. So it is uniformly held that a railway need not fence its depot grounds, and this is read into the statute by the courts as an exception to its application. (Swanson…
1Opinion of the CourtStewart, J.
This action was commenced to recover damages for the value of a cow killed by appellant company in the operation of its railroad. The cause was tried to a jury in the district court and a verdict returned for the plaintiff. This appeal is from the judgment.
This appeal must be determined by answering the question: Was it the duty of the appellant company to fence its railroad track at the point where the cow entered upon said track ?
*79Rev. Codes, see. 2815, provides:
“Every railroad company operating any steam or electric, railroad in this state, shall erect and maintain lawful fences , not less…
2Cases cited4 opinions
- Edwards v. Hannibal & St. Joseph R. R.Supreme Court of Missouri · 1877
- Johnson v. Oregon Short Line Railway Co.Idaho Supreme Court · 1900
- Catril v. Union Pacific Railway Co.Idaho Supreme Court · 1889
- Patrie v. Oregon Short Line RailroadIdaho Supreme Court · 1899
3Cited by4 opinions
- St. Louis S. F. R. Co. v. SteeleSupreme Court of Oklahoma · 1913
- UNION PACIFIC RAILROAD COMPANY v. AdamsNevada Supreme Court · 1961
- Strong v. Oregon Short Line RailroadIdaho Supreme Court · 1917
- Edwards v. Salt Lake Utah R. Co.Utah Supreme Court · 1927