Atchison, Topeka & Santa Fé Railroad v. Yates
Supreme Court of Arkansas
Error from Douglas District Court. Action under chapter 94, laws of 1874, brought by Yates against the Railroad Company, to recover damages for killing two hogs belonging to plaintiff.
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Error from Douglas District Court. Action under chapter 94, laws of 1874, brought by Yates against the Railroad Company, to recover damages for killing two hogs belonging to plaintiff. Trial át the February Term, 1878, of the district court, when the court made the following findings of fact: “I. The defendant [now plaintiff in error] was during the whole of the months of October and November, 1877, operating a line of railroad through Wakarusa township, in Douglas county, Kansas. “II. That the line of defendant’s railroad and its right of way runs through the field of plaintiff, in said…
1Opinion of the Court
The opinion of the court was delivered by
Horton, C. J.:
The learned judge in the court below mistook the law in reference to this case, in rendering judgment on his findings of fact against, the railroad company. The stock law of 1874, exempting railroad companies from its conditions when their roads are inclosed with a good and lawful fence, is to be construed in connection with the fence law in force. In other words, railroad companies are not required to build different fences from other parties. The fence' spoken of 'in the stock law is no different or more expensive a structure than that…
2Cited by4 opinions
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- Leavenworth, Topeka & Southwestern Railway Co. v. ForbesSupreme Court of Kansas · 1887
- Missouri Pacific Railway Co. v. BradshawSupreme Court of Kansas · 1885
- Leebrick v. Republican Valley & Southwestern RailroadSupreme Court of Kansas · 1889