Wilder v. Maine Central Railroad
Supreme Judicial Court of Maine
On exceptions and motion. Case for killing the plaintiff’s horse at Hallowell, in June, 1871, by running upon him with an engine. At the trial, March term, 1871, the verdict was for the plaintiff, with damages assessed at $1000. The defendants moved to have the verdict set aside as against law and evidence, and filed exceptions. The plaintiff was a third owner in common of the oil cloth factory, and the lot connected therewith which extended on both sides of the railroad.
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On exceptions and motion. Case for killing the plaintiff’s horse at Hallowell, in June, 1871, by running upon him with an engine. At the trial, March term, 1871, the verdict was for the plaintiff, with damages assessed at $1000. The defendants moved to have the verdict set aside as against law and evidence, and filed exceptions. The plaintiff was a third owner in common of the oil cloth factory, and the lot connected therewith which extended on both sides of the railroad. The plaintiff’s horse escaped from this lot, then unfenced, on to the track at the time of the killing. There was evidence…
1Opinion of the CourtDickerson, J.
The statute requiring railroad corporations to inclose the land taken for their road with fences, is a police regulation, designed to secure the safety of the public travel and transportation, and is obligatory, as such, upon all railroad corporations *339whether chartered before or after its passage. State v. Noyes, 47 Maine, 189. Ind., &c., Railway v. Townsend, 10 Ind., 38. 1 Red. on Railways, 493 and 494. 2 same, 428.
The counsel for the defendants contend that the land of the plaintiff adjoining the defendants’ road, was not “inclosed” or “improved,” and was not, therefore, required to be…
2Cases cited5 opinions
- Kellogg v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1870
- Indianapolis & Cincinnati Railroad v. TownsendIndiana Supreme Court · 1858
- Gardner v. SmithMichigan Supreme Court · 1859
- McCoy v. California Pacific RailroadCalifornia Supreme Court · 1871
- St. Louis, Alton & Terre Haute Railroad v. ToddIllinois Supreme Court · 1865
3Cited by9 opinions
- Wadsworth v. Union Pacific Ry. Co.Supreme Court of Colorado · 1893
- Chicago, Milwaukee & St. Paul Railway Co. v. City of MilwaukeeWisconsin Supreme Court · 1897
- Atchison, Topeka & Santa Fé Railroad v. RiggsSupreme Court of Kansas · 1884
- St. Louis S. F. R. Co. v. SteeleSupreme Court of Oklahoma · 1913
- Thomas v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1884
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