Legal Opinion

Wilson v. Oregon Short Line Railroad

Idaho Supreme Court

Decided October 9, 1915PublishedCited by 4 opinions

APPEAL from the District Court of the Fourth Judicial District in and for Elmore County. Honorable C. O. Stoekslager, Judge. Action to recover under see. 2819, Rev. Codes, double damages for animals killed by railroad company. Judgment for plaintiff.

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APPEAL from the District Court of the Fourth Judicial District in and for Elmore County. Honorable C. O. Stoekslager, Judge. Action to recover under see. 2819, Rev. Codes, double damages for animals killed by railroad company. Judgment for plaintiff. Sec. 2819, Rev. Codes, is unconstitutional in that it establishes a rule of absolute liability for twice the value of the animals regardless of any question as to negligence, contributory negligence or the circumstances of the killing. (Jollijfe v. Brou/n, 14 Wash. 155, 53 Am. St. 868, 44 Pac. 149; Little Bock & F. 8. B. Co. v. Payne, 33 Ark.…

1Opinion of the CourtBudge, J.

This is an action prosecuted by the respondent to recover double the value of certain animals killed by being struck by appellant’s railroad train at various times during the years 1910 and 1911, in Elmore county.

There are seventeen separate causes of action alleged in respondent’s complaint, each of which is the same with the exception of time, description, age, value and color of the animals killed, and the first alleges substantially as follows: On or about the 11th day of November, 1910, at a point between mile posts 388 and 389 of appellant’s railroad in Elmore county, the defendant, by…

2Cases cited2 opinions

  1. L. R. & F. S. R. R. v. PayneSupreme Court of Arkansas · 1878
  2. Jolliefe v. BrownWashington Supreme Court · 1896

3Cited by4 opinions

  1. Dewell v. Northern Pacific Ry. Co.Montana Supreme Court · 1918
  2. Mechanics' American National Bank v. HelmbacherMissouri Court of Appeals · 1918
  3. Bliss v. Oregon Short Line RailroadIdaho Supreme Court · 1921
  4. Darrar v. Chicago, Milwaukee, St. Paul & Pacific RailroadIdaho Supreme Court · 1972

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