Saccamonno v. Great Northern Railway Co.
Idaho Supreme Court
APPEAL from the District Court of tbe Eighth Judicial District, for Bonner County. Hon. John M. Flynn, Judge. Action against the Great Northern Railway Company to recover damages for the killing of plaintiff’s horse. Judgment for plaintiff.
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APPEAL from the District Court of tbe Eighth Judicial District, for Bonner County. Hon. John M. Flynn, Judge. Action against the Great Northern Railway Company to recover damages for the killing of plaintiff’s horse. Judgment for plaintiff. There was no evidence to show that the plaintiff’s horse got upon the right of way of the defendant at a point where it was required to fence, and the evidence does show that it got in through a gate, which it was not required to keep closed. Under these facts judgment should be ordered for the defendant. (Reid v. San Pedro L. A. <& S. L. R. C'o., 39 Utah,…
1Opinion of the CourtBudge, C. J.
Respondent brought suit against appellant, a railroad corporation, alleging in substance that it had failed to construct and maintain a lawful fence along its right of way, by reason of which negligence and failure respondent’s horse entered upon appellant’s right of way, about two miles east of Priest River, Idaho, on the 22d day of November, .1914, and was struck and killed by one of appellant’s trains.
Appellant answered, denying its failure to construct and maintain such lawful fence, denying any negligence on its part in the respect complained of, and denying that appellant’s train or…
2Cases cited8 opinions
- Wabash Railway Co. v. WilliamsonIndiana Supreme Court · 1885
- Louisville, New Albany & Chicago Railway Co. v. HughesIndiana Court of Appeals · 1891
- Evansville & Terre Haute Railroad v. MosierIndiana Supreme Court · 1885
- Louisville, New Albany & Chicago R. W. Co. v. SpainIndiana Supreme Court · 1878
- Scheffer v. Chicago, Milwaukee & Puget Sound Ry. Co.Montana Supreme Court · 1917
3 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- State v. Village of Garden CityIdaho Supreme Court · 1953
- Rich v. WilliamsIdaho Supreme Court · 1959
- Berry v. KoehlerIdaho Supreme Court · 1962
- Zenier v. Spokane International Railroad CompanyIdaho Supreme Court · 1956
- Labonte v. DavidsonIdaho Supreme Court · 1918
8 more not listed; retrieve them via the Exa API.