Chicago and North Western Railway Co. v. Bishop

The railroad company appeals from a judgment awarding plaintiff damages for loss of a Shetland pony killed on the railroad company’s right of way by one of the company’s trains. By admitting the pony came upon the right of way through a hole in its right of way fence, appellant apparently concedes that its fencing was not kept in proper repair. Sections 37-209 and 37-210, W.S.1957, which were first enacted by Ch. 84, S.L. of Wyoming, 1907, and ever since have remained unchanged, are as follows :

Section 37-209:

“All railway corporations, owning or operating a line of railway within the state,…