Winkler v. Carolina & North Western Railway Co.
Supreme Court of North Carolina
• Civil AotioN for damages for injury to plaintiff’s horse alleged to have been caused by the negligent construction and maintenance of a barb-wire fence along the defendant’s right-of-way through plaintiff’s pasture, tried before Bowman, J., at November Team, 1899, of Catawba Superior Court. The plaintiff’s horse was badly injured by becoming entangled in a barb-wire fence constructed by the defendant along its right-of-way through plaintiff’s pasture, against his protest.
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• Civil AotioN for damages for injury to plaintiff’s horse alleged to have been caused by the negligent construction and maintenance of a barb-wire fence along the defendant’s right-of-way through plaintiff’s pasture, tried before Bowman, J., at November Team, 1899, of Catawba Superior Court. The plaintiff’s horse was badly injured by becoming entangled in a barb-wire fence constructed by the defendant along its right-of-way through plaintiff’s pasture, against his protest. The fence posts were old cross-ties placed some forty or fifty feet apart, and connected by three barb-wires; in some…
1Opinion of the CourtClark, J.
The defendant erected a barb-wire fence along its right-of-way. There was evidence that it was negligently erected and maintained. “In some places it was 12 inches high and from that to thirty or thirty-five inches from the ground to the top wire. Three strands of wire were used, and it was put so far apart that, when people crossed it, it sagged down about twelve inches in some places. The posts were old rotten cross-ties forty or. fifty feet apart.” The plaintiff’s horse, running in his pasture, got entangled in this wire fence, and was injured, and this action is brought for damages…
2Cases cited8 opinions
- Raleigh & Augusta Air Line Railroad v. SturgeonSupreme Court of North Carolina · 1897
- Sisk v. CrumpIndiana Supreme Court · 1887
- Cogdell v. Wilmington & Weldon R. R.Supreme Court of North Carolina · 1899
- Morrison v. . Cornelius and OthersSupreme Court of North Carolina · 1869
- Loveland v. GardnerCalifornia Supreme Court · 1889
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3Cited by4 opinions
- Boyle v. Neisner Bros., Inc.Missouri Court of Appeals · 1935
- Rief v. Mountain States Telephone & Telegraph Co.Idaho Supreme Court · 1941
- Howard v. Andrews Manufacturing Co.Supreme Court of North Carolina · 1919
- Louisville N. R. Co. v. HarrisonAlabama Court of Appeals · 1918