Jacksonville, Tampa & Key West Railway Co. v. Harris
Supreme Court of Florida
Appeal from the Circuit Court for Yolusia county. STATEMENT. The declaration, after stating that the defendant was a railroad corporation under the laws of the State operating a line of railroad in Yolusia county on June 28th, 1888, avers: That the company, not regarding the statute.in such case made and provided, did not then and there maintain fences on the sides of its railroad sufficient to exclude and turn live stock therefrom, by means whereof and for the want of such…
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Appeal from the Circuit Court for Yolusia county. STATEMENT. The declaration, after stating that the defendant was a railroad corporation under the laws of the State operating a line of railroad in Yolusia county on June 28th, 1888, avers: That the company, not regarding the statute.in such case made and provided, did not then and there maintain fences on the sides of its railroad sufficient to exclude and turn live stock therefrom, by means whereof and for the want of such fences two horses of the plaintiff, without any default or negligence on the part of plaintiff, then and there strayed…
1Opinion of the Court
Raney, C. J. :
The testimony shows that the horses of the plaintiff were killed near a wood-rack about a half-mile from his home, and a mile and a half from the town of Seville, and were found there by the plaintiff and the section boss and his hands and others, early in the morning of June 28th, 1888, lying on the side of the railroad, and that, as indicated by their tracks, they had walked through a gap in the railroad fence and on to the railroad. The gap was used for hauling in wood for the locomotives by two men named Stephens, who are spoken of by one witness as owning the rack. There…
2Cases cited26 opinions
- Harrington v. Chicago, Rock Island & Pacific RailroadSupreme Court of Missouri · 1880
- Aylesworth v. Chicago, R. I. & P. R. R.Supreme Court of Iowa · 1870
- Clardy v. St. Louis, Iron Mountain & Southern Railway Co.Supreme Court of Missouri · 1881
- Laude v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1873
- Grand Rapids & Indiana Railroad v. MonroeMichigan Supreme Court · 1881
21 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Hildebrand v. Chicago B. & Q. R. R.Wyoming Supreme Court · 1933
- Jacksonville, Tampa & Key West Railway Co. v. PriorSupreme Court of Florida · 1894
- Dibblee v. Astoria & Columbia River R. R.Oregon Supreme Court · 1910
- Marlowe v. StateSupreme Court of Florida · 1939
- Atlantic Coast Line Railroad v. ManningSupreme Court of Florida · 1934
1 more not listed; retrieve them via the Exa API.