Brenot v. Southern Pacific Railroad

At the time of granting a hearing of this cause, after a decision thereof by the district court of appeal, we entertained some doubt as to whether the facts of this case as found by the court did not bring it within the rule announced in the cases of the Denver & Rio Grande R. R. Co. v. Robinson, 6 Colo. App. 432 [40 Pac. 840]; Missouri K. & G. Ry. Co. of Texas v. Lovell, 110 Tex. 546 [221 S. W. 929]; International & G. N. R. Co. v. Dixon, 49 Tex. Civ. App. 506 [109 S. W. 978]. These authorities hold in effect that where a railway company, although under no legal obligation to fence its right…