Martin v. Chicago, Burlington & Quincy Railway Co.
Wyoming Supreme Court
Error to the District Court, Crook County, Hon. Carroll H. ParmRlRR, Judge. The material facts are stated in the opinion. argued and contended that the failure of the railroad company to keep its right of way fence in repair, knowing its bad condition, and that animals were liable to get upon the right of way through the defective fence and be killed, constituted negligence, rendering it liable for the damages sued for, citing, Big Goose & B. D. Co. v. Morrow, 8 Wyo., 537;…
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Error to the District Court, Crook County, Hon. Carroll H. ParmRlRR, Judge. The material facts are stated in the opinion. argued and contended that the failure of the railroad company to keep its right of way fence in repair, knowing its bad condition, and that animals were liable to get upon the right of way through the defective fence and be killed, constituted negligence, rendering it liable for the damages sued for, citing, Big Goose & B. D. Co. v. Morrow, 8 Wyo., 537; Ry. Co. v. Ives, 12 Sup. Ct. Rep., 679; Ry. Co. v. Kuhn, 6 S. W., 441; Ry. Co. v. Perkins (Ill.), 17 N. E., 1; Thompson…
1Opinion of the Court
Scott, Justice.
The plaintiff in error brought this action in a justice of the peace court of Crook county against the defendant in error to recover damages for the killing of a bull upon its tracks. Judgment was recovered in justice court, whereupon an appeal was taken by the defendant to the district court. The plaintiff filed an original petition in that court which was demurred to, and upon hearing, the demurrer was sustained. The plaintiff electing to stand upon his petition judgment was entered for the defendant. The plaintiff brings the case here on error.
1. The plaintiff in error…
2Cases cited12 opinions
- Savannah, Florida & Western Railway Co. v. GeigerSupreme Court of Florida · 1886
- B. & M. R. R. v. WendtNebraska Supreme Court · 1881
- Bethje v. Houston & Central Texas Railway Co.Texas Supreme Court · 1863
- Indianapolis & Cincinnati Railroad v. MeansIndiana Supreme Court · 1860
- O. A. & M. R. R. v. MilesSupreme Court of Virginia · 1882
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3Cited by4 opinions
- Davis Bros. & Burke v. Le FloreSupreme Court of Oklahoma · 1910
- Knight v. Southern Pacific Co.Utah Supreme Court · 1918
- Chicago, Burlington & Quincy Railroad v. CashWyoming Supreme Court · 1916
- Cummings v. HinesUtah Supreme Court · 1921