Johnson v. Oregon Short Line Railway Co.
Idaho Supreme Court
APPEAL from District Court, Bannock County. None of the land in question had passed to patent, or even to final proof, and the court properly instructed the jury that such land is not “private property.” (Shiver v. United States, 159 U. S. 491, 16 Sup. Ct.
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APPEAL from District Court, Bannock County. None of the land in question had passed to patent, or even to final proof, and the court properly instructed the jury that such land is not “private property.” (Shiver v. United States, 159 U. S. 491, 16 Sup. Ct. Rep. 54; 40 L. ed. 231; Kneen v. Kalin, 6 Idaho, 621, 59 Pac. 14.) The provisions of a statute requiring a railroad company to maintain fences on the sides of its track is a provision designed for the protection of adjoining owners; and that the provision may be waived by them; and that the effect of a waiver will be to exonerate the…
1Opinion of the CourtQuarles, J.
This action was brought by the respondents to recover from the appellants the value of seven head of horses which the appellant’s train of ears ran over, mangled and killed. The case was tried to a jury, which found a general verdict in favor of the plaintiff for damages in the sum of $340. The jury also found the following special verdict: “We, the jury in the above-entitled cause, find as follows upon the special questions submitted to us: Q. 1. Did the horses in question come upon defendant’s track or right of way, last before they were struck, from government land, or from land, entry, or…
2Cases cited4 opinions
- Hurd v. Rutland & Burlington RailroadSupreme Court of Vermont · 1853
- Enright v. The S.F. & San Jose R.R.California Supreme Court · 1867
- Tombs v. Rochester & Syracuse RailroadNew York Supreme Court · 1854
- Patrie v. Oregon Short Line RailroadIdaho Supreme Court · 1899
3Cited by13 opinions
- Maguire v. YankeIdaho Supreme Court · 1978
- Packard v. O'NeilIdaho Supreme Court · 1927
- Hindman v. Oregon Short Line RailroadIdaho Supreme Court · 1918
- Kelly v. EastonIdaho Supreme Court · 1922
- St. Louis S. F. R. Co. v. SteeleSupreme Court of Oklahoma · 1913
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