Hubert v. Connell Northern Railway Co.
Washington Supreme Court
Appeal from a judgment of the superior court for Adams county, Holcomb, J., entered March 18, 1912, upon findings in favor of the plaintiffs, in an action for trespass.
1Opinion of the CourtChadwick, J.
Appellant acquired a right of way over certain lands of respondents. These lands adjoined a public road. When the company came to build its line of railway, it took down the fences across its right of way. They remained down during the whole period of construction except when replaced by respondents. Cattle wandered from the highway onto the right of way, and from it, at will over respondents’ lands, to their damage in the sum of $800, for which judgment was rendered in the court below.
Respondents relied upon two propositions of law to sustain their case; that is, that it was the duty of the…
2Cases cited5 opinions
- Bear v. Chicago Great Western Ry. Co.Court of Appeals for the Eighth Circuit · 1905
- Baker v. RobbinsSupreme Court of Kansas · 1872
- Frisch v. Chicago Great Western Railway Co.Supreme Court of Minnesota · 1905
- Snyder v. Pennsylvania RailroadSupreme Court of Pennsylvania · 1903
- Gowan v. St. Paul, Stillwater & Taylor's Falls RailroadSupreme Court of Minnesota · 1878
3Cited by2 opinions
- Edmonds v. Longview, Portland & Northern Railway Co.Washington Supreme Court · 1926
- Hanson v. Northern Pacific Railway Co.Washington Supreme Court · 1916