Atchison, Topeka & Santa Fé Railroad v. Hegwir
Supreme Court of Arkansas
Error from, Reno District Court. Action brought by Hegwir against the Railroad Company, to recover damages for killing three hogs belonging to the plaintiff. This case was tried on an agreed statement of facts. Hegwir had three hogs killed by the railroad in Grant township, Reno county, in August, 1877, in the operation of its trains, at a place where there was no fence whatever inclosing either side of the track.
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Error from, Reno District Court. Action brought by Hegwir against the Railroad Company, to recover damages for killing three hogs belonging to the plaintiff. This case was tried on an agreed statement of facts. Hegwir had three hogs killed by the railroad in Grant township, Reno county, in August, 1877, in the operation of its trains, at a place where there was no fence whatever inclosing either side of the track. Demand was made on a ticket agent of the company for their value, which was refused. It was also agreed that in Grant township, where the hogs came upon the track and were killed,…
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
The agreed statement of facts brings this case within the decision of the Cent. Branch Rld. Co. v. Lea, 20 Kas. 353, if it appears therefrom that the defendant in error permitted his swine to run at large. This is the debatable question. Upon this point the statement shows that the hogs came upon the track and were killed, in Grant township, Reno county; that the voters of said township had never voted to exempt it from the operations of §46 of art. 7 of the act entitled “An act relating to stock,” approved March 20, 1868, (Gen. Stat.…
2Cases cited1 opinion
- Central Branch Railroad v. LeaSupreme Court of Kansas · 1878
3Cited by1 opinion
- Kansas City, Ft. Scott & Gulf Rld. v. McHenrySupreme Court of Kansas · 1880