McKinley v. C., R. I. & P. R.
Supreme Court of Iowa
Appeal from Iowa District Gowrt. Action to recover double tbe value of one borse and five colts alleged to have been killed by a train at a place upon the defendant’s road where defendant had the right to fence but it was not fenced. There was a judgment upon a verdict, from which defendant appeals.
1Opinion of the CourtBeck, J.
i.railroads: PngTarigiít! to fence. I. The evidence tended to prove that the horse and colts injured by the defendant’s train went upon the railroa(^ fr°m plaintiff’s inclosure through a gate in a fence constructed by defendant, at a private crossing, an(j ^at ^ ga^e was defectively constructed and not sufficient to prevent the escape of the animals.
Under the statute (Code, section 1289) railroad corporations *77are liable to the owners of stock injured upon their l’oads at points where they have the light to construct fences and fail to do so. Double damages may be recovered by action upon…
2Cited by9 opinions
- Linden v. GreenSupreme Court of Iowa · 1890
- Mackie v. Central RailroadSupreme Court of Iowa · 1880
- Bothwell v. C., M. & St. P. R.Supreme Court of Iowa · 1882
- Huss v. Chicago Great Western Railway Co.Supreme Court of Iowa · 1901
- Timins v. Chicago, Rock Island & Pacific R'y Co.Supreme Court of Iowa · 1887
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