Chicago, Burlington & Quincy Railroad v. Hogan
Nebraska Supreme Court
Error to tbe district court for Lancaster county. Tried below before Field, J. The decisions cited in defendant in error’s brief were under statutes which- make no exception in regard to railroad fencing, the courts so construing the statute that a fence was often required within the town limits. Our statutes have made the town limits also those of fencing, hence those decisions do not apply here.
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Error to tbe district court for Lancaster county. Tried below before Field, J. The decisions cited in defendant in error’s brief were under statutes which- make no exception in regard to railroad fencing, the courts so construing the statute that a fence was often required within the town limits. Our statutes have made the town limits also those of fencing, hence those decisions do not apply here. Even where there was no limitation in the law requiring tracks to be fenced the company would not be bound to fence its tracks where this horse was killed or where it entered. (Cole v. R. Co., 38…
1Opinion of the CourtMaxwell, J.
This cause was submitted to the court below on a stipulation of facts, which is substantially as follows : “ That on the 10th day of November, 1887, the said horse of the plaintiff accidentally got loose, without fault or negligence on the part of the plaintiff, from the stable where he was confined on plaintiff’s land, which stable is marked CA’ on the map hereafter mentioned, and was discovered on the east side of defendant’s main track, and between that and the switch tracks of the defendant, also shown on said map at a place on said map marked ‘ B; ’ that an out-going passenger engine and…
2Cases cited1 opinion
- Burlington & Missouri River Railroad v. FranzenNebraska Supreme Court · 1884
3Cited by4 opinions
- Chicago, Burlington & Quincy Railroad v. SevcekNebraska Supreme Court · 1904
- Burnham v. Chicago, Burlington & Quincy Railway Co.Nebraska Supreme Court · 1909
- Burnham v. Chicago, Burlington & Quincy Railway Co.Nebraska Supreme Court · 1909
- Union Pacific Railroad v. KnowltonNebraska Supreme Court · 1895