Wold v. South Dakota Central Railway Co.
South Dakota Supreme Court
Appeal from County Court Minnehaha County. Hon. DANA R. Bailey, County Judge. Defendant in his argument takes the position that the defective fence was not the proximate cause of the accident, and contends that the only damage the defendant can be liable for, under this fence law, would have been his damage from injuries received by the cow in passing through the fence; and the defendant refers to section 544 in support of this contention,' calling attention to the fact…
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Appeal from County Court Minnehaha County. Hon. DANA R. Bailey, County Judge. Defendant in his argument takes the position that the defective fence was not the proximate cause of the accident, and contends that the only damage the defendant can be liable for, under this fence law, would have been his damage from injuries received by the cow in passing through the fence; and the defendant refers to section 544 in support of this contention,' calling attention to the fact that, where a railroad company neglects to repair a fence, the landowner may do so, and the company will be liable for…
1Opinion of the Court
■Section 544 provides that, if the railroad neglects or refuses to comply with any of the requirements of the act, the landowner may construct or repair the fence along the line of the road and makes the railroad liable for all damages accruing by reason of such neglect or refusal. Held, that the liability of the railroad is not confined to injuries to stock while passing through a defective fence, but extends to injuries to the stock through being «truck by trains while on the righ t of w.ay.
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2Cited by4 opinions
- Berens v. Chicago, Milwaukee, St. Paul & Pacific R. Co.South Dakota Supreme Court · 1963
- Bekker v. White River Valley Ry. Co.South Dakota Supreme Court · 1911
- Lidel v. South Dakota Cent. Ry. Co.South Dakota Supreme Court · 1910
- Buckingham Trans. v. B.H. Trans.South Dakota Supreme Court · 1939