Gardner v. Smith
Michigan Supreme Court
Error to Wayne Circuit. Smith brought action against Gardner, who was contractor for constructing the Detroit, Monroe & Toledo Railroad, and declared against him, for that he entered upon a certain close and premises of plaintiff, “and proceeded to grade and build the said railroad in, over, and across the same, and thereupon it became, and was, the duty of the defendant to erect and maintain lawful fences in, upon, and across said close and premises, on each side of the…
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Error to Wayne Circuit. Smith brought action against Gardner, who was contractor for constructing the Detroit, Monroe & Toledo Railroad, and declared against him, for that he entered upon a certain close and premises of plaintiff, “and proceeded to grade and build the said railroad in, over, and across the same, and thereupon it became, and was, the duty of the defendant to erect and maintain lawful fences in, upon, and across said close and premises, on each side of the line and route of said railroad, and until said fences were constructed, faithfully to guard, secure, and prevent from…
1Opinion of the Court
Martin Oh. J.:
The General Railroad Act, (Oomp. L. §1987) requires every corporation formed under 'it to “erect and maintain fences on the sides of their road, of the height and strength of a division fence required by law,” and provides that “until such fences shall be duly made, the *418corporation and their agents shall be liable for all damages which shall be done by their agents or engines to , cattle, horses or other animals thereon, and all other damages which may result from the neglect of said corporation to erect and maintain fences as aforesaid, and after such fences shall be erected…
2Cases cited3 opinions
- Moore v. SanborneMichigan Supreme Court · 1853
- Williams v. Michigan Central RailroadMichigan Supreme Court · 1851
- Hurd v. Rutland & Burlington RailroadSupreme Court of Vermont · 1853
3Cited by16 opinions
- McMillan v. Mich. S. & N. I. R. R.Michigan Supreme Court · 1867
- Hall v. Barber Door Co.California Supreme Court · 1933
- Houston & Great Northern Railroad v. MeadorTexas Supreme Court · 1878
- Lake Superior Iron Co. v. EricksonMichigan Supreme Court · 1878
- Bay City & East Saginaw Railroad v. AustinMichigan Supreme Court · 1870
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