Louisville & Nashville Railroad v. Belcher
Court of Appeals of Kentucky
Case 30 — PETITION ORDINARY APPEAL PROM LOGAN CIRCUIT COURT. 1. The petition is insufficient, because it does not aver that the owner of the land had not received compensation for fencing.
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Case 30 — PETITION ORDINARY APPEAL PROM LOGAN CIRCUIT COURT. 1. The petition is insufficient, because it does not aver that the owner of the land had not received compensation for fencing. It merely avers that the plaintiff occupied the land, and that he had not received compensation for fencing it. ;2. The statute, by virtue of which the plaintiff seeks to recover (section '2 of chapter 57, General Statutes) is unconstitutional Where a person in the performance of a lawful act causes an injury to the person or property of another, he is not liable in the absence of negligence. (L. & F. B.…
1Opinion of the Court
JUDGE PRYOR
delivered the opinion oe the court.
Section 2 of chapter 57, General Statutes, title Injuries to Person or Property, provides: “If, by the *195locomotives or cars of a railroad company, cattle or other stock shall be killed or injured on the track of said road, adjoining the lands belonging to or in the occupation of the owner of such cattle or stock, who has not received compensation for fencing said land along said road, the loss shall be divided between the railroad company and the owner of such cattle ox-stock, unless the killing or injury arose' from the willful act or carelessness…
2Cases cited3 opinions
- Missouri Pacific Railway Co. v. HumesSupreme Court of the United States · 1885
- Mackie v. Central RailroadSupreme Court of Iowa · 1880
- Johnson v. St. Louis, Kansas City & Northern Railway Co.Supreme Court of Missouri · 1882
3Cited by20 opinions
- Bush v. WathenCourt of Appeals of Kentucky · 1898
- McKEE v. HASLERIndiana Supreme Court · 1951
- Clark v. MasonCourt of Appeals of Kentucky (pre-1976) · 1934
- City of Independence v. GatesSupreme Court of Missouri · 1892
- Louisville & Nashville Railroad Co. v. FaulknerCourt of Appeals of Kentucky (pre-1976) · 1957
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