Gould v. Bangor & Piscataquis Railroad
Supreme Judicial Court of Maine
On exceptions and motion, to set aside the verdict by defendants. This was an action to recover for injuries which the plaintiff claimed his colt received October, 1887, in his pasture, by reason of want of repair of fence on the line of the railroad. It appeared that the fence was on the line of the Katahdin Iron Works Ry. and built by that company..
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On exceptions and motion, to set aside the verdict by defendants. This was an action to recover for injuries which the plaintiff claimed his colt received October, 1887, in his pasture, by reason of want of repair of fence on the line of the railroad. It appeared that the fence was on the line of the Katahdin Iron Works Ry. and built by that company.. It also appeared, that in July, 1887, the Katahdin Iron Works Ry. leased its railroad to the defendant company, which, after that date, operated and had full control of the railroad under the lease, which was not authorized by any act of the…
1Opinion of the CourtDanpobth, J.
The presiding justice ruled, in substance, that the defendant is liable, if the plaintiff has made out his case in other respects, though running the road under a lease not authorized by the legislature, if it was in full possession and control under that lease.
The objection made to this ruling, is that a railroad company is not bound to build a fence upon its lines, except as provided by statute; and that the statute obligation applies only to the company owning and building the road, or its legal successor. The first part of this proposition is undoubtedly true, as stated; the latter part…
2Cited by6 opinions
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- Bath Gas Light Co. v. . ClaffyNew York Court of Appeals · 1896
- Hart v. St. Charles Street RailroadSupreme Court of Louisiana · 1878
- Morton v. HaydenSupreme Judicial Court of Maine · 1958
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