Russell v. Hanley
Supreme Court of Iowa
Appeal from Dubuque District Court. Plaintiff’s petition makes the following case : On the 25th of December, 1864:, two steers and a cow belonging to plaintiff, of the value of ninety dollars, while at pasture on the adjoining uninclosed land, strayed on to the defendant’s inclosure through the insufficiency of the fences around the same, and because of defendant’s carelessness and negligence in leaving the gate leading from the common to said inclosure open.
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Appeal from Dubuque District Court. Plaintiff’s petition makes the following case : On the 25th of December, 1864:, two steers and a cow belonging to plaintiff, of the value of ninety dollars, while at pasture on the adjoining uninclosed land, strayed on to the defendant’s inclosure through the insufficiency of the fences around the same, and because of defendant’s carelessness and negligence in leaving the gate leading from the common to said inclosure open. On the same day defendant willfully left the gates leading from his inclosure on the track of the Dubuque and Sioux City Railroad…
1Opinion of the CourtWright, J.
fencra^negíigence. In this State, if a railroad company fails to fence its road, it is absolutely liable for stock injured or killed by reason of the want of such fence, unless the injury is occasioned by the willful act of the owner. all¿ under certain circumstances the company is made liable for double the value of the property. Ch. 169, Laws 1862, p. 198. And see Jones v. Galena and Chicago Union Railroad Company, 16 Iowa, 6; McCool v. Same, 17 Id., 461. Before the passage of this statute it had been held, that to permit cattle to run at large, did not impute negligence on the part of the…
2Cases cited7 opinions
- Vandenburgh v. TruaxNew York Supreme Court · 1847
- Indianapolis & Cincinnati Railroad v. AdkinsIndiana Supreme Court · 1864
- Alger v. Mississippi & Missouri RailroadSupreme Court of Iowa · 1859
- Brooks v. New-York & Erie RailroadNew York Supreme Court · 1862
- Jones v. Galena & Chicago Union RailroadSupreme Court of Iowa · 1864
2 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Manwell v. Burlington, Cedar Rapids & Northern Railway Co.Supreme Court of Iowa · 1890
- C. & N. W. R'y Co. v. DunnSupreme Court of Iowa · 1882
- Kimple v. SchaferSupreme Court of Iowa · 1913
- Henderson v. C. R. I. & P. R.Supreme Court of Iowa · 1874
- Liddle v. Keokuk, Mt. Pleasant & M. R. R.Supreme Court of Iowa · 1867
3 more not listed; retrieve them via the Exa API.