Fontaine v. Southern Pac. R.R.
California Supreme Court
Appeal from a judgment for the plaintiff, in the Sixteenth District Court, County of Kern. Eeed, J. The facts are stated in the opinion.
1Opinion of the Court
Department No. 2, Sharpstein, J.:
The plaintiff brought this action to recover the value of some cattle, which he alleges were run over by locomotives and cars on the track of the defendant’s railroad, by reason of the failure of the defendent to make and maintain a good and sufficient fence on either side or both sides of its said railroad track and property, as required by law.
The complaint was demurred to, on the ground that it did not state facts sufficient to constitute a cause of action. The demurrer was overruled, and it is urged on behalf of appellant that the Court erred in overruling…
2Cases cited5 opinions
- Tracy v. . the Troy and Boston R.R. Co.New York Court of Appeals · 1868
- Parker v. Rensselaer & Saratoga RailroadNew York Supreme Court · 1853
- Toledo, Peoria & Warsaw Railway Co. v. RumboldIllinois Supreme Court · 1866
- Figg v. MayoCalifornia Supreme Court · 1870
- White v. ThomasIllinois Supreme Court · 1866
3Cited by8 opinions
- Brison v. BrisonCalifornia Supreme Court · 1891
- Arrowsmith v. Nashville & D. R.U.S. Circuit Court for the District of Tennessee · 1893
- Bernhard v. WallCalifornia Supreme Court · 1921
- Bell v. Southern Pacific Co.California Supreme Court · 1922
- Snyder v. EmersonUtah Supreme Court · 1899
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