Strong v. Oregon Short Line Railroad
Idaho Supreme Court
APPEAL from the District Court of the Fifth Judicial District, for Bear Lake County. Hon. J. J. Guheen, Judge. Action for damages. Judgment for plaintiff. A railroad company is not bound by the present statute to construct and maintain cattle-guards at all highway crossings in cities, and especially where there is no pleading or proof that at such places the road runs through or along inclosed or cultivated fields or inclosed lands. (Bernardi v. Northern Pacific Ry.
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APPEAL from the District Court of the Fifth Judicial District, for Bear Lake County. Hon. J. J. Guheen, Judge. Action for damages. Judgment for plaintiff. A railroad company is not bound by the present statute to construct and maintain cattle-guards at all highway crossings in cities, and especially where there is no pleading or proof that at such places the road runs through or along inclosed or cultivated fields or inclosed lands. (Bernardi v. Northern Pacific Ry. Go., 18 Ida. 76, 108 Pac. 542, 27 L. R. A., N. S., 796; Reid v. San Pedro, L. A. ó S. L. R. Go., 42 Utah, 431, 132 Pac. 253.)…
1Opinion of the CourtMorgan, J.
This action was instituted by respondent to recover damages for the loss of two horses which were killed by one of appellant’s'trains. The record discloses that on and prior to the 4th day of March, 1914, a certain public highway crossed appellant’s railroad track in the city of Montpelier; that from a point about 1,000 feet south of the crossing a fence was maintained on each side of the right of way extending up to the crossing; that for some time prior to that date a cattle-guard had been maintained by appellant at the crossing, but had been, by its agents and servants, removed prior to…
2Cases cited1 opinion
- Bernardi v. Northern Pacific Railway Co.Idaho Supreme Court · 1910
3Cited by5 opinions
- Hartley v. BohrerIdaho Supreme Court · 1932
- Independence Placer Mining Co. v. KnaussIdaho Supreme Court · 1919
- Bumpas v. MooreIdaho Supreme Court · 1918
- Commercial Standard Insurance v. RemayIdaho Supreme Court · 1937
- Ferrell v. Oregon Short Line R. R. Co.Idaho Supreme Court · 1927