Denver & Rio Grande Railway Co. v. Outcalt
Colorado Court of Appeals
Error to the County Court of Q-unnison County. This was a statutory action brought against the railway company to recover the price or value of a mare killed by an engine. There is no serious conflict of testimony.
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Error to the County Court of Q-unnison County. This was a statutory action brought against the railway company to recover the price or value of a mare killed by an engine. There is no serious conflict of testimony. The facts as established are, that plaintiff below (defendant in error) had several horses running in a pasture on his farm, — the railway of plaintiff passed through the pasture; that defendant, for his own convenience in catching or handling the horses,' turned four or more out with ropes or lariats on, twenty or twenty-five feet long, one end being around the neck of the animal,…
1Opinion of the CourtReed, J.
The provisions of the statute under which the action was brought, and which are necessary to be considered in determining the case, are the following:—
2 Mills’ Stat., p. 1979, § 3712. — “ That every railroad or railway corporation or company operating any line of railroad or railway or any branch thereof, within the limits of this state, which shall damage or kill any horse, mare, gelding, filly, jack, jenny or mule, or any cow, heifer, bull, ox, steer or calf, or any other- domestic animal, by running any engine or engines, car or cars, over or against any such animal, shall be liable to the…
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