Jones v. Galena & Chicago Union Railroad
Supreme Court of Iowa
Appeal from Tama District Court. Plaintiff seeks to recover for a horse killed by the locomotive of defendant. In the court below tbe facts were agreed upon, judgment for plaintiff and defendant appeals. I. The facts in this case would not sustain an action at common law, and as the statute under which it is brought creates new liabilities, and limits and abridges pre-existing rights, it must be construed strictly.
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Appeal from Tama District Court. Plaintiff seeks to recover for a horse killed by the locomotive of defendant. In the court below tbe facts were agreed upon, judgment for plaintiff and defendant appeals. I. The facts in this case would not sustain an action at common law, and as the statute under which it is brought creates new liabilities, and limits and abridges pre-existing rights, it must be construed strictly. The liability, under section 6, chapter 169, Laws of tbe 9tb General Assembly, attaches only when it is affirmatively shown that stock was killed “by reason of the want of such…
1Opinion of the Court
Wright, Ch. J.
By the sixth section of chapter 169, Laws 1862, p. 198, it is provided, that: “Any railroad company hereafter running or operating its road in this State, and failing to fence such road on either or both sides *9thereof against live stock running at large at all points where such roads have the right to fence, shall be absolutely liable to the owner (of) any live stock injured, killed or destroyed, by reason of the, want of such fence or fences as aforesaid, for the value of the property so injured, killed or destroyed, unless the injury complained of is occasioned by the willful…
2Cited by11 opinions
- Savannah, Florida & Western Railway Co. v. GeigerSupreme Court of Florida · 1886
- Kansas Pacific Rly. Co. v. MowerSupreme Court of Kansas · 1876
- Akeson v. Chicago, Burlington & Quincy Railway Co.Supreme Court of Iowa · 1898
- Gano v. Minneapolis & St. Louis RailroadSupreme Court of Iowa · 1901
- Johnson v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1882
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