Wyoming & N. W. Ry. Co. v. Snavely
Wyoming Supreme Court
ERROR to the 'District Court, Fremont County; Hon. CRIARLES E. WINTER., Judge. Action by Frank Snavely to recover damages for the killing of live stock on the ground that the defendant had failed to maintain a proper fence and to give notice to the plaintiff of the 'killing of the live stock, as required by statute. The plaintiff below recovered judgment against the railroad company for double the value of the animals and the company brings error.
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ERROR to the 'District Court, Fremont County; Hon. CRIARLES E. WINTER., Judge. Action by Frank Snavely to recover damages for the killing of live stock on the ground that the defendant had failed to maintain a proper fence and to give notice to the plaintiff of the 'killing of the live stock, as required by statute. The plaintiff below recovered judgment against the railroad company for double the value of the animals and the company brings error. The instruction given, that if defendant had failed to comply with Section 4206, Comp. Stats. 1910, its liability, if liable at all, would be for…
1Opinion of the Court
Beard, Justice.
This case involves the right of a party to' recover double damages for live stock killed by a train on a railroad on account of the failure of the railroad company to give notice of the killing of the animals. Two head of Snavely’s cattle were killed by a train on the railroad at a place where it was required to fence and had fenced its track, but had permitted the fence to become out of repair so that the cattle went upon the track and were struck by a train. No notice of such killing was given, filed or posted by the company. The plaintiff below, Snavely, recovered judgment…
2Cases cited1 opinion
- Schenck v. Union Pacific Railway Co.Wyoming Supreme Court · 1895
3Cited by2 opinions
- Hildebrand v. Chicago B. & Q. R. R.Wyoming Supreme Court · 1933
- Hildebrand v. C. B. & Q. R. R.Wyoming Supreme Court · 1932