Stevenson v. Atlantic & Northern Railway Co.
Supreme Court of Iowa
Appeal from Cass District Court. — Thomas Arthur, Judge. Action at law to recover the value of certain live stock alleged to have been lost by reason of the defendant’s failure to maintain a fence between its right of way and the farm occupied by plaintiff.
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Appeal from Cass District Court. — Thomas Arthur, Judge. Action at law to recover the value of certain live stock alleged to have been lost by reason of the defendant’s failure to maintain a fence between its right of way and the farm occupied by plaintiff. A demurrer to the sufficiency of the petition having been sustained, plaintiff elected to stand upon his pleading as filed; and, as he refused to amend or plead over, judgment was entered against him for costs, and he appeals.
1Opinion of the CourtWeaver, J.
The plaintiff alleges that, during the year 1916, he was the lessee in possession of certain farm land in Cass County; that said land was bounded on its south side by the right of way and tracks of the defendant railway company, and was enclosed by a good, substantial *1319fence; that the fence forming the south side of the enclosure was built and maintained by the defendant company along the north side of its right of way, and was relied upon by plaintiff to keep and restrain his live stock within said enclosure, where he was pasturing a herd of steers; that, on several occasions in August of…
2Cases cited41 opinions
- Union Pacific Railway Co. v. McDonaldSupreme Court of the United States · 1894
- Asbach v. Chicago, Burlington & Quincy Railway Co.Supreme Court of Iowa · 1888
- Parker v. BarnardMassachusetts Supreme Judicial Court · 1883
- Pauley v. Steam Gauge & Lantern Co.New York Court of Appeals · 1892
- Berdos v. Tremont & Suffolk MillsMassachusetts Supreme Judicial Court · 1911
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3Cited by2 opinions
- State Farm Mutual Automobile Insurance Co. v. NelsonSupreme Court of Iowa · 1969
- Sell v. Chicago, Rock Island & Pacific Railway Co.Supreme Court of Iowa · 1925