Patrie v. Oregon Short Line Railroad
Idaho Supreme Court
APPEAL from District Court, Eremont County. Under the evidence and peculiar circumstances of this case, as shown by the evidence, it is as reasonable to infer, or believe, that the horse had gone upon the right of way anywhere along the right of way, outside of plaintiffs land, as from it; and further, as a matter of law, as the plaintiff himself had no fence on any side of his own land, there was no legal obligation or duty on the part of the defendant to have a fence on…
Read the full summary
APPEAL from District Court, Eremont County. Under the evidence and peculiar circumstances of this case, as shown by the evidence, it is as reasonable to infer, or believe, that the horse had gone upon the right of way anywhere along the right of way, outside of plaintiffs land, as from it; and further, as a matter of law, as the plaintiff himself had no fence on any side of his own land, there was no legal obligation or duty on the part of the defendant to have a fence on the side abutting plaintiffs land; that a fence, abutting a short piece of railroad track, without fences on any other…
1Opinion of the CourtSullivan, J.
— This is an action to recover the value of five horses alleged to have been carelessly and negligently killed by the defendant railroad company. In addition to the allegation of the careless and negligent killing of %aid stock, the complaint alleges that the defendant had neglected and refused to make and maintain a fence along its right of way at the points where said horses were killed, as by law required, and that said horses casually, and without the fault of plaintiff, strayed upon the grounds and track of defendant, and were killed by the engine and cars of the defendant. The cause was…
2Cited by4 opinions
- Johnson v. Oregon Short Line Railway Co.Idaho Supreme Court · 1900
- Midland Valley R. Co. v. BryantSupreme Court of Oklahoma · 1913
- St. Louis S. F. R. Co. v. SteeleSupreme Court of Oklahoma · 1913
- Bernardi v. Northern Pacific Railway Co.Idaho Supreme Court · 1910