Legal Opinion

Bliss v. Oregon Short Line Railroad

Idaho Supreme Court

Decided September 3, 1921PublishedCited by 1 opinion

APPEAL from the District Court of the Fourth Judicial District, for Gooding County. Hon. H. F. Ensign, Judge. Action for damages under C. S., sec. 4815, and for penalty under C. S., sec. 4818. Appeal from judgment for plaintiff, and from order denying motion for new trial. No person or corporation can, apart from statute, be held in damages for the killing of an animal in collision with a railroad engine unless negligence is pleaded and proven.

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APPEAL from the District Court of the Fourth Judicial District, for Gooding County. Hon. H. F. Ensign, Judge. Action for damages under C. S., sec. 4815, and for penalty under C. S., sec. 4818. Appeal from judgment for plaintiff, and from order denying motion for new trial. No person or corporation can, apart from statute, be held in damages for the killing of an animal in collision with a railroad engine unless negligence is pleaded and proven. (Wallace v. Oregon Short Line B. B. Co., 16 Ida. 103, 100 Pac. 904; Jones v. Oregon Short Line B. B. Co., 6 Ida. 441, 56 Pac. 76; Wilson v. Oregon…

1Opinion of the CourtMcCARTHY, J.

Respondent sued for damages resulting from the killing of his livestock by collision with a train on the O. S. L. Railroad, while operated by appellant as Director General of Railroads. The collision occurred near a siding at Ticeska, in Gooding County, on March 26, 1918. The complaint, as originally framed, stated a cause of action under C. S., sec. 4814, for failure of the appellant to fence the right of way along the railroad. This theory of the case was abandoned, because of inability to show that the road, at that point, passed through or along adjoining, cultivated fields or inclosed…

2Cases cited1 opinion

  1. Wilson v. Oregon Short Line RailroadIdaho Supreme Court · 1915

3Cited by1 opinion

  1. Fyfe v. DavisSupreme Court of Iowa · 1924

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