Catril v. Union Pacific Railway Co.
Idaho Supreme Court
APPEAL from District Court, Oneida County. The different killings constitute different torts, and, while they may be united in the same complaint, they must be set forth, as they are, in fact, distinct causes of action. (Bey.
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APPEAL from District Court, Oneida County. The different killings constitute different torts, and, while they may be united in the same complaint, they must be set forth, as they are, in fact, distinct causes of action. (Bey. Stats., see. 4169; Buckingham, v. Waters, 14 Cal. 146; Watson v. Railroad Go., 41 Cal. 17.) Bevised Statutes, section 2680, if valid, creates an absolute liability on the part of any railroad company for all domestic animals killed or injured by it in the manner designated, unless the injury occurred through the neglect or fault of the owner. The effect of this statute,…
1Opinion of the CourtLogan, J.
This action was brought by the respondent under the statute of this territory to recover damages for certain horses alleged to have been killed by the locomotive and cars of the appellant. The appellant demurred to the complaint, which demurrer was overruled, whereupon the appellant interposed an answer, admitting the incorporation of the defendant, but placing in issue the remaining facts set out in the complaint. Upon the trial of the issues the plaintiff proved the killing of the horses alleged to have been killed, their value, and rested. At the conclusion of the trial the defendant…
2Cases cited3 opinions
- Cairo & Fulton Railroad v. ParksSupreme Court of Arkansas · 1877
- Ohio & Mississippi Railway Co. v. LackeyIllinois Supreme Court · 1875
- Bielenberg v. Montana Union Railway Co.Montana Supreme Court · 1889
3Cited by7 opinions
- Hunter v. Colfax Consolidated Coal Co.Supreme Court of Iowa · 1915
- Anderson v. Great Northern Railway Co.Idaho Supreme Court · 1914
- Jensen v. Union Pacific Railway Co.Utah Supreme Court · 1889
- Stoll v. Pacific Coast S. S. Co.District Court, W.D. Washington · 1913
- Bernardi v. Northern Pacific Railway Co.Idaho Supreme Court · 1910
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