Liston v. Central Iowa R'y Co.
Supreme Court of Iowa
Appeal from Jasper Owcuit Oowrt, Action to recover double the value of a horse killed by a train on defendant’s railroad, at a point where defendant bad failed to build a fence, though it had the right so to do. There was a judgment upon a verdict for plaintiff. Defendant appeals.
1Opinion of the CourtBeoK, J.
I. Tbe questions discussed by counsel will be considered in tbe order of tbeir presentation in tbe arguments for defendant. Code, § 1289, imposes upon railroads liability for stock injured upon tbeir roads, when unfenced, at points where the right to fence exists, when tbe injury results by reason of tbe wan't of a fence, and is not occasioned by the willful act of tbe owner. In case the payment is not made after notice and proof of the injury by affidavit, double damages may be recovered. Plaintiff’s action is brought under this statute.
Counsel for defendant insist that plaintiff cannot…
2Cases cited1 opinion
- Kraus v. B., C. R. & N. R.Supreme Court of Iowa · 1880
3Cited by7 opinions
- Scagel v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Iowa · 1891
- Mintle v. SylvesterSupreme Court of Iowa · 1924
- Thayer v. Snohomish Logging Co.Washington Supreme Court · 1918
- Mikesell v. Wabash RailroadSupreme Court of Iowa · 1907
- Meeker v. N. P. R. R. Co.Oregon Supreme Court · 1892
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