Miller v. Chicago, Burlington & Quincy Railroad
Wyoming Supreme Court
ERROR to the District Court, Laramie County, HoN. Roderick N. Matson, Judge. The facts are stated in the opinion. By the statute requiring railway corporations to fence their track and keep such fence in repair, except within the boundaries of an incorporated city or town, the Legislature has made such exceptions to the requirement as it deemed proper. Station grounds outside of an incorporated city or town do not come within the exception.
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ERROR to the District Court, Laramie County, HoN. Roderick N. Matson, Judge. The facts are stated in the opinion. By the statute requiring railway corporations to fence their track and keep such fence in repair, except within the boundaries of an incorporated city or town, the Legislature has made such exceptions to the requirement as it deemed proper. Station grounds outside of an incorporated city or town do not come within the exception. A place containing 150 people may be incorporated as a town. (Rev. Stat. 1899, Sec. 1521.) In any community containing so few people that it cannot…
1Opinion of the Court
Beard, Justice.
The plaintiff in error brought this action against the defendant in error, in Justice’s Court of Daramie County, to recover the value of two head of cattle. Judgment was rendered in that court in favor of plaintiff and against defendant, and defendant appealed to the District Court, where judgment was rendered in favor of defendant, and plaintiff brings error.
*212The plaintiff alleged in his petition that the cattle were killed by an engine on defendant’s road, and that the place where the cattle went upon the track was not within the limits of any incorporated city or town, but…
2Cases cited15 opinions
- I. & G. N. R. R. Co. v. CockeTexas Supreme Court · 1885
- Davis v. Burlington & Missouri River R. R.Supreme Court of Iowa · 1869
- McGrath v. Detroit, Mackinac & Marquette R. R.Michigan Supreme Court · 1885
- Chicago, Burlington & Quincy Railroad v. HansIllinois Supreme Court · 1884
- Greeley v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1885
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3Cited by1 opinion
- Ferrell v. Oregon Short Line R. R. Co.Idaho Supreme Court · 1927