Gowan v. St. Paul, Stillwater & Taylor's Falls Railroad
Supreme Court of Minnesota
Appeal by defendant from an order of the district court for 'Washington county, Crosby, J., presiding, overruling a de.murrer to the complaint.
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Appeal by defendant from an order of the district court for 'Washington county, Crosby, J., presiding, overruling a de.murrer to the complaint. The action'was brought in 1875, 'to recover damages occasioned to plaintiff’s improved lands ■and the crops thereon, adjoining defendant’s railroad, by rea- ■ son of defendant’s neglect to build fences along such railroad, in consequence of which neglect, and without fault of plaintiff, ■ a great number of cattle and hogs, the owners of which are unknown to plaintiff, entered upon such lands from defend■ant’s railroad, and devoured and destroyed the…
1Opinion of the CourtGilfillan, C. J.
Gen. St. c. 34, § 33, under which statute this defendant was organized, provided that “each railroad company shall fence its roads with a good, substantial fence, under such rules as the county commissioners of the several counties, through*whieh the same may run, prescribe.”
That statute does not define in any way the liability of a company for failure to maintain such a fence. Laws 1872, c. 25,* provides : “Section 1. All railroad companies in this state shall, within six months from and after the passage of this act, build or cause to be built good and sufficient cattle-guards at all…
2Cited by2 opinions
- Missouri, O. & G. Ry. Co. v. BrownSupreme Court of Oklahoma · 1915
- Hubert v. Connell Northern Railway Co.Washington Supreme Court · 1913