Fernow v. Dubuque & Southwestern Railroad
Supreme Court of Iowa
Appeal from Linn District Court. This case was tried by the court without a jury, and judgment rendered for the defendant upon the following agreed facts: In 1860, plaintiff granted to the company the right of way through his land, the deed obligating the grantee to make farm crossings, cattle guards, and to fence the road within six months.
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Appeal from Linn District Court. This case was tried by the court without a jury, and judgment rendered for the defendant upon the following agreed facts: In 1860, plaintiff granted to the company the right of way through his land, the deed obligating the grantee to make farm crossings, cattle guards, and to fence the road within six months. In November, 1865, plaintiff’s hogs were billed on the track of the road, where it passed through this land, of which due notice was given, etc. These hogs were in a lot of fifteen acres, inclosed on all sides by a tight fence; there was no fence along…
1Opinion of the CourtWright, J.
1. Railroad: injury to swine. In the first place, plaintiff’s hogs were on his own premises. He had a fence,,not alone such as required by
TJpon these facts, our opinion is, that the court below should have found for plaintiff. the vote and the statute (Bev., SS 15, 45V but . v 7 00 ' n one fully answering the general statute defining a lawful fence. In other words, his lot was so inclosed that his hogs could not escape or run at large, save through and over defendant’s track; but this track, by the terms of the deed granting the right of way, the company were to fence. Treating the company,…
2Cited by6 opinions
- Spence v. Chicago & North-western Railway Co.Supreme Court of Iowa · 1868
- Chicago & Atlantic Railway Co. v. BarnesIndiana Supreme Court · 1888
- Fritz v. Milwaukee & St. Paul R. R.Supreme Court of Iowa · 1872
- Lee v. Minneapolis & St. Louis R'y Co.Supreme Court of Iowa · 1885
- Stewart v. Chicago & Northwestern R. R.Supreme Court of Iowa · 1869
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