Darrar v. Chicago, Milwaukee, St. Paul & Pacific Railroad

McFADDEN, Justice.

Plaintiff-respondent Lester Darrar brought this action to recover the value of four head of cattle killed between March and August, 1968, by the operation of defendant-appellant railroad company’s trains. The theory of recovery of Darrar’s complaint was that the railroad company (appellant) was negligent in failing to maintain adequate fences where its right-of-way adjoins his inclosed cattle pasture as required by I.C. § 62-406, thus allowing the cattle to stray onto the tracks. The complaint also sought recovery of twice the value of the cattle killed as provided by I.C. §…