Chicago, Rock Island & Pacific Railway Co. v. Eyster
Supreme Court of Colorado
Action to recover damages for killing of livestock by rail7 way company’s train. Judgment for plaintiff. Error to the District Court of El Paso County, Hon. J. W. Sheafor, Judge.
1Opinion of the CourtJustice Garrigues
In this action, brought to recover the value of livestock killed on defendant’s railroad by a train, plaintiff alleges that along the railroad right of way the fence was broken down, and negligently permitted by the company to remain so defective as to allow animals to stray upon the railroad track. The answer denies the animals strayed upon the track and were killed by reason of defendant’s negligence in failing to maintain a good and sufficient fence, or on account of its defective condition; alleged the railroad right of way where the animals were killed was inclosed with good and…
2Cited by2 opinions
- Denver & Rio Grande Railroad v. HopkinsSupreme Court of Colorado · 1920
- Davis v. Holly Sugar Corp.Supreme Court of Colorado · 1923