U. P. R. W. Co. v. Rollins
Supreme Court of Kansas
JEJrror from Jefferson County. The facts of this case are generally and pretty fully stated in the subjoined opinion of the court : 1. There is no law in the State of Kansas, or in the charter of plaintiff’s road, requiring the plaintiff to fence its track.
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JEJrror from Jefferson County. The facts of this case are generally and pretty fully stated in the subjoined opinion of the court : 1. There is no law in the State of Kansas, or in the charter of plaintiff’s road, requiring the plaintiff to fence its track. See Charter, Statute of 1855, Fage 914. 2. Where no statute regulation exists, defining the duties of railway companies, as to fencing, they are governed by the common law rule, and are under no ohliga,tion to erect fences between their road and adjoining lands. 1 American Railway Oases, 212, note 1; 5 JDenio, 255; 4 Comstock, 349; 11…
1Opinion of the Court
By the Court,
Valentine, J.
In tbis case tbe defendants in error, who were plaintiffs in tbe court below, sued tbe plaintiffs in error, for tbe value of five bead of cattle.
It appears from tbe record in tbe case tbat tbe plaintiffs below allowed tbeir cattle to run at large on tbe open uninclosed prairie, near tbe railroad track of tbe defendants. Tbe cattle roamed on tbe railroad track, and while there were killed by a train of cars of tbe defendants running over them. Tbe land over which tbe track run belonged, as is admitted by tbe parties, to tbe defendants, in fee simple. It was not fenced…
2Cases cited19 opinions
- Tonawanda Rail-Road v. MungerNew York Supreme Court · 1848
- Beers v. Housatonuc Rail-roadSupreme Court of Connecticut · 1849
- Trow v. Vermont Central RailroadSupreme Court of Vermont · 1852
- Gorman v. Pacific RailroadSupreme Court of Missouri · 1858
- Galena & Chicago Union Railroad v. JacobsIllinois Supreme Court · 1858
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3Cited by52 opinions
- Bartram v. Town of SharonSupreme Court of Connecticut · 1899
- Brown v. Wichita State UniversitySupreme Court of Kansas · 1975
- State v. CalhounSupreme Court of Kansas · 1893
- Clark v. AllamanSupreme Court of Kansas · 1905
- Kansas Pacific Railway Co. v. PointerSupreme Court of Kansas · 1874
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