Woolson v. Northern Railroad
Superior Court of New Hampshire
Case, to recover the value of three calves of the plaintiff, killed on the 17th day of November, 1847, by the defendants5 cars, on that part of their railroad situate between Haile’s Point and Horse Shoe Pond, in said Concord. The writ contains three counts.
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Case, to recover the value of three calves of the plaintiff, killed on the 17th day of November, 1847, by the defendants5 cars, on that part of their railroad situate between Haile’s Point and Horse Shoe Pond, in said Concord. The writ contains three counts. The first alleges that the calves got upon the track and were killed, through the negligence of the defendants in permitting the fences and cattle-guards on that portion of their road to be so insufficient, defective and out of repair, that by reason thereof the calves entered on the track and were killed. The second alleges that the…
1Opinion of the CourtWoods, J.
It is provided by the Revised Statutes, eh. 142, §§ 6, 7, that if any railroad corporation neglect to keep a sufficient fence on each side of the railroad, any person against whose land such fence is insufficient, may require the corporation to build such fence, or pay the expense of so doing, with a penalty, except in cases in which the corporation may have agreed with the owner of such land for building and maintaining such fence. In such case, the corporation may, upon the neglect of the land owner, build the proper fence, and recover of him the necessary expense of so doing. Such is the…
2Cases cited2 opinions
- Avery v. MaxwellSuperior Court of New Hampshire · 1827
- Tewksbury v. BucklinSuperior Court of New Hampshire · 1835