Wallace v. Oregon Short Line Railroad
Idaho Supreme Court
APPEAL from the District Court of the Seventh Judicial District, for Canyon County. Hon. Ed. L. Bryan, Judge. Action to recover damages for the killing of a colt. Judgment for the plaintiff. Where defendant’s engineer testifies that he used all possible diligence, and is not contradicted or impeached, a verdict for the plaintiff will not stand. (C. B. & Q. Co. v. Roberts, 35 Colo. 498, 84 Pac. 68; Kansas City etc. Ry.
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APPEAL from the District Court of the Seventh Judicial District, for Canyon County. Hon. Ed. L. Bryan, Judge. Action to recover damages for the killing of a colt. Judgment for the plaintiff. Where defendant’s engineer testifies that he used all possible diligence, and is not contradicted or impeached, a verdict for the plaintiff will not stand. (C. B. & Q. Co. v. Roberts, 35 Colo. 498, 84 Pac. 68; Kansas City etc. Ry. Co. v. King, 66 Ark. 439, 51 S. W. 319; Ala. & V. Ry. v. Stacy (Miss.), 35 So. 137; Southern Ry. Co. v. Hoge, 141 Ala. 351, 37 So. 439; Crary v. Chicago M. & St. P., 18 S. D.…
1Opinion of the CourtSullivan, C. J.
This action was commenced in the probate court for the negligent killing of a colt and resulted there in a judgment for the plaintiff for $100 damages. The defendant appealed from that judgment to the district court and the case was tried there anew before a jury, and resulted in a verdict and judgment for the plaintiff for $130 damages.
It appears from the record that the colt was pasturing at the time it was killed upon the inclosed farm of one Lee, *106and that the defendant company maintains a right of way fence across said Lee’s land, and a gate therein for the use and benefit of the land…
2Cases cited5 opinions
- Western Railway Co. v. LazarusSupreme Court of Alabama · 1889
- Peoria, Pekin & Jacksonville R. R. v. ChampIllinois Supreme Court · 1874
- Wheelock v. MyersSupreme Court of Kansas · 1902
- Yazoo & Mississippi Valley Railroad v. WrightMississippi Supreme Court · 1900
- Yazoo & Mississippi Valley Railroad v. WhittingtonMississippi Supreme Court · 1896
3Cited by3 opinions
- Adair v. McFarlinSupreme Court of Oklahoma · 1911
- Harris v. DrenningSupreme Court of Kansas · 1917
- Preece v. Oregon Short Line R.Utah Supreme Court · 1916