Baxter v. Boston & Worcester Railroad
Massachusetts Supreme Judicial Court
Toet for killing the plaintiff’s cow. At the trial in the superior court, before Reed, J., it appeared that the plaintiff’s pasture bordered on the defendants’ railroad, and there was evidence tending to show that the cow escaped from the pasture to the railroad, and was there killed by a locomotive engine of the defendants.
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Toet for killing the plaintiff’s cow. At the trial in the superior court, before Reed, J., it appeared that the plaintiff’s pasture bordered on the defendants’ railroad, and there was evidence tending to show that the cow escaped from the pasture to the railroad, and was there killed by a locomotive engine of the defendants. The plaintiff put in evidence tending to show that “ the defendants were engaged in constructing their road since May 16, 1846,” the date when the St. of 1846, c. 271, § 3, requiring railroad corporations to erect and maintain fences on their road, went into effect, “…
1Opinion of the CourtChapman, C. J.
By our earlier railroad acts, the companies were not required to construct or maintain fences along the line of their roads, but the cost of fencing was included in the damages recovered by landowners. By the St. of 1841, c. 125, authority was given to county commissioners, upon petition, ta *385require the companies to make and maintain the fences. The St. of 1846, c. 271, § 3, requires that every railroad corporation shall erect and maintain suitable fences, with bars, &c., at such places as may reasonably be required, upon both sides of the entire length of any railroad which they may…
2Cited by9 opinions
- Bronson v. CoffinMassachusetts Supreme Judicial Court · 1871
- Green v. Ashland Water Co.Wisconsin Supreme Court · 1898
- Menut v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1910
- Byrnes v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1902
- Copithorn v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1938
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