Liddle v. Keokuk, Mt. Pleasant & M. R. R.
Supreme Court of Iowa
Appeal from, Lee District Court. This cause was heard and determined by the judge below, without a jury, upon the following agreed facts: Plaintiff’s cow, of the value of fifty dollars, was hilled, May 31, 1866, by the engine running on the track of the railway company. The other defendant, Kilbourne, was at the time “ individually the lessee, and in the possession of and running said road.” The road was not fenced.
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Appeal from, Lee District Court. This cause was heard and determined by the judge below, without a jury, upon the following agreed facts: Plaintiff’s cow, of the value of fifty dollars, was hilled, May 31, 1866, by the engine running on the track of the railway company. The other defendant, Kilbourne, was at the time “ individually the lessee, and in the possession of and running said road.” The road was not fenced. Due notice was given as required by the statute, of the killing, on the company and lessee. No proof of carelessness, nor was the cow killed by any willful act of plaintiff or his…
1Opinion of the CourtWright, J.
1. railroads : Btock'injured.liabfe under act of 1862. This case involves a construction of section 6, chapter 169, Laws of 1862 (p. 197). And, though this section has frequently received a construction at our hands, the point here made is new. The statute is, that any railroad eompany hereafter running or operating its road in this State, and failing to fence, etc., shall be absolutely liable to the owner of any live stock injured, etc. In case the company thus liable shall neglect or refuse to pay the value after thirty days’ notice, etc., it shall be held for double the value, etc. Was the…
2Cases cited1 opinion
- Russell v. HanleySupreme Court of Iowa · 1866
3Cited by4 opinions
- Stephens v. D. & St. P. R. Co.Supreme Court of Iowa · 1873
- Stewart v. Chicago & Northwestern R. R.Supreme Court of Iowa · 1869
- Collier v. Great Northern Railway Co.Washington Supreme Court · 1905
- Sorenson v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1918