Box v. Chicago, R. I. & P. Ry. Co.
Supreme Court of Oklahoma
Error from Superior Court, Pittsburg County; W. C. Liedtke, Judge. Action by J. P. Box against the Chicago, Rock Island & Pacific Railway Company. Judgment for defendant, and plaintiff brings error.
1Opinion of the Court
Opinion by
MATHEWS, C.
The only question presented by the appeal is whether or not a railroad company is liable to one owning or occupying land adjoining the railroad right of way for damages to crops incurred from trespassing animals entering on said land by reason of the failure of the railroad company to properly fence its adjacent right of way.
In the very recent case of Missouri, O. & G. Ry. Co. v. Webb, 46 Okla. 740, 148 Pac. 1042, by this court, this exact question was answered in the negative. For reason and authorities, see that case.
We recommend that the judgment be affirmed.
By the…
2Cases cited1 opinion
- Missouri, O. & G. Ry. Co. v. WebbSupreme Court of Oklahoma · 1915
3Cited by3 opinions
- Kurn v. ImmelSupreme Court of Oklahoma · 1939
- Gem Oil Co. v. CallendarSupreme Court of Oklahoma · 1918
- Missouri, K. T. R. Co. v. MinorSupreme Court of Oklahoma · 1917