Hindman v. Oregon Short Line Railroad
Idaho Supreme Court
APPEAL from the District Court of the Seventh Judicial District, for Washington County. Hon. Ed. L. Bryan, Judge. Action against a railroad company for damages and attorney fees under the statute requiring such companies to maintain lawful fences along their rights of way. The court erred in allowing attorney’s fees under the provisions of see. 2818, Rev. Codes, as amended by chapter 223, Laws 1911. (St. Louis M. & S. By. Go. v. Wynne, 224 U. S. 354, 32 Sup.
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APPEAL from the District Court of the Seventh Judicial District, for Washington County. Hon. Ed. L. Bryan, Judge. Action against a railroad company for damages and attorney fees under the statute requiring such companies to maintain lawful fences along their rights of way. The court erred in allowing attorney’s fees under the provisions of see. 2818, Rev. Codes, as amended by chapter 223, Laws 1911. (St. Louis M. & S. By. Go. v. Wynne, 224 U. S. 354, 32 Sup. Ct. 493, 56 L. ed. 799, 42 L. R. A., N. S., 102; Pacific Mut. Life Ins. Co. v. Garter, 92 Ark. 378, 123 S. W. 384, 124 S. W. 764, see,…
1Opinion of the CourtBudge, C. J.
This action was brought by respondent against appellant railroad company to recover damages for the alleged killing by appellant company of a certain bull belonging to respondent at a place where the right of way passes along inclosed lands and cultivated fields. Eespondent demanded $200 from the company and upon its refusal to pay, brought this action for that amount and for $75 attorney fees. The ease was tried to a jury and a verdict was returned for respondent awarding him damages in the sum of $175. The court entered judgment for this amount and also included in its judgment $75 attorney…
2Cases cited5 opinions
- Atchison, Topeka & Santa Fé Railroad v. MatthewsSupreme Court of the United States · 1899
- Peoria, Decatur & Evansville Railway Co. v. DugganIllinois Supreme Court · 1884
- Brown v. HardinIdaho Supreme Court · 1917
- Johnson v. Oregon Short Line Railway Co.Idaho Supreme Court · 1900
- Saccamonno v. Great Northern Railway Co.Idaho Supreme Court · 1917
3Cited by21 opinions
- Pigg v. BrockmanIdaho Supreme Court · 1957
- Packard v. O'NeilIdaho Supreme Court · 1927
- Idaho Gold Dredging Corp. v. Boise Payette Lumber Co.Idaho Supreme Court · 1933
- Hepp v. AderIdaho Supreme Court · 1942
- Eastern Idaho Loan & Trust Co. v. BlombergIdaho Supreme Court · 1941
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