Hanson v. Northern Pacific Railway Co.
Washington Supreme Court
Appeal from a judgment of the superior court for Clarke county, Back, J., entered October 26, 1914, upon the verdict of a jury rendered in favor of the plaintiffs, in an action for damages for trespass.
1Per curiam
Respondents own land adjoining the right of way of the appellant. The right of way was not fenced. *517Stock wandered from the right of way onto respondents’ land, and this action is brought to recover damages which they suffered. The only question is whether a railroad company is liable to an adjoining owner for trespassing stock which wander from its unfenced right of way. Respondents rely upon the statute, Rem. & Bal. Code, §§ 8730, 8731 (P. C. 433 §§ 89, 91). They insist: (a) that these statutes are declaratory of the common law, and in addition declare a rule of evidence; or (b), if a…
2Cases cited3 opinions
- Kobayashi v. StrangewayWashington Supreme Court · 1911
- Missouri, O. & G. Ry. Co. v. BrownSupreme Court of Oklahoma · 1915
- Hubert v. Connell Northern Railway Co.Washington Supreme Court · 1913