Couldthirst v. Southern Pacific Railroad

The action was brought in a justice court of Lassen County to recover damages for the killing of certain stock belonging to plaintiffs. The claim was based upon the provisions of section 485 of the Civil Code, as amended in 1915 (Stats. 1915, p. 1281), requiring railroads to maintain fences on both sides of the railroad track and making them responsible for injury to stock caused by failure to observe said duty. A demurrer was interposed upon various grounds, including the want of jurisdiction of the subject of the action and of the person of the defendant and the failure to state a cause of…