Chicago, Burlington & Quincy Railroad v. Cash
Wyoming Supreme Court
ERROR to the District Court, Weston County; Hon. C. H. Parmelse, Judge. Action by W. H. Cash against the Chicago, Burlington and Quincy Railroad Co. to recover damages for cattle injured upon defendant’s right of way. The facts are stated in the opinion. A railroad company is not required to construct a right of way fence within the boundaries of an incorporated town (Comp.
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ERROR to the District Court, Weston County; Hon. C. H. Parmelse, Judge. Action by W. H. Cash against the Chicago, Burlington and Quincy Railroad Co. to recover damages for cattle injured upon defendant’s right of way. The facts are stated in the opinion. A railroad company is not required to construct a right of way fence within the boundaries of an incorporated town (Comp. Stats. 1910, Section 2593); and there is no liability for stock killed or injured on public road crossings unless negligence can be shown. (Comp. Stats. 1910, Section 2594.) When animals are seen on a railroad track ahead…
1Opinion of the Court
Scott, Justice.
This case is here upon plaintiff in error’s brief, the defendant in error being in default for an answer brief. The action was to recover damages for alleged negligence in *319killing two cows of the defendant in error on plaintiff in error’s right of way and within the corporate limits of the town of Newcastle in this state on August 8'th or 10th, 1913. It is assigned as error that the verdict of-the jury is (1) contrary to the evidence, and (2) contrary to law. The evidence is conflicting and tends to show that the cattle together with others were permitted to run at large and…
2Cases cited9 opinions
- Scheffler v. Minneapolis & St. Louis Railway Co.Supreme Court of Minnesota · 1884
- Illinois Central Railroad v. NobleIllinois Supreme Court · 1892
- St. Louis S. F. R. Co. v. HiggsSupreme Court of Oklahoma · 1914
- Chicago, R.I. P. Ry. Co. v. Westheimer DaubeSupreme Court of Oklahoma · 1914
- Mears v. Chicago & Northwestern Railway Co.Supreme Court of Iowa · 1897
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3Cited by1 opinion
- Cummings v. HinesUtah Supreme Court · 1921