Perkins v. Eastern Railroad
Supreme Judicial Court of Maine
Case for killing plaintiff’s cow, by negligence of the defendants in not maintaining fences on the line of their railroad.
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Case for killing plaintiff’s cow, by negligence of the defendants in not maintaining fences on the line of their railroad. The declaration alleges that the defendants had the exclusive use and management of the Portsmouth, Saco and Portland railroad, with its cars and engines; that they were bound to maintain fences or other safeguards, to prevent cattle from passing upon said railroad; that the defendants had neglected to maintain such fences or safeguards at a certain spot in Bid-deford ; that the plaintiff’s cow, through that neglect, passed upon the railroad and was killed by a collision…
1Opinion of the CourtHowaed, J.
It appears by the evidence stated in the exceptions, that the defendants had the entire and exclusive use and management of the Portland, Saco and Portsmouth railroad, with all its structures, cars and engines, by their servants and agents, when the alleged injury occurred. They were liable therefore, in this form of action, for all damages sustained by any person, in consequence of the neglect of their agents or the mismanagement of their engines. R. S. c. 81, § 21; Yarborough & al. v. The Bank of England, *30916 East, 6; Mathews v. West Land. W. W. Co., 3 Camp. 403; Gibson v. Inglis, 4 Camp. 72;…
2Cases cited4 opinions
- Hartfield v. RoperNew York Supreme Court · 1839
- Rust v. LowMassachusetts Supreme Judicial Court · 1809
- Rathbun & West v. PayneNew York Supreme Court · 1838
- Hawkins v. Dutchess & Orange Steam-Boat Co.New York Supreme Court · 1829
3Cited by8 opinions
- Hurd v. Rutland & Burlington RailroadSupreme Court of Vermont · 1853
- Moses v. Southern Pacific RailroadOregon Supreme Court · 1890
- Owens v. Richmond & Danville RailroadSupreme Court of North Carolina · 1883
- Brooks v. New-York & Erie RailroadNew York Supreme Court · 1862
- Atchison, Topeka & Santa Fé Railroad v. RiggsSupreme Court of Kansas · 1884
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