Schenck v. Union Pacific Railway Co.
Wyoming Supreme Court
ReseRYed question's from the District Court for Albany County, Hon. John W. Blake, Judge. Action -by John H. Sehenck against the Union Pacific Ry. Co. and S. H. H. Clark et ah, receivers of said company, for $100 damages for a cow killed by the ears of the company, operated by said receivers.
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ReseRYed question's from the District Court for Albany County, Hon. John W. Blake, Judge. Action -by John H. Sehenck against the Union Pacific Ry. Co. and S. H. H. Clark et ah, receivers of said company, for $100 damages for a cow killed by the ears of the company, operated by said receivers. The petition alleged that the animal, without fault of the owner, wandered upon the railway tracks, and that the agents and servants of the defendants managed the locomotives and cars so carelessly and negligently that the same ran against and over the animal and killed it. Demurrers to the petition were…
1Opinion of the Court
Conaway, Justice.
This is an action for damages for the killing of a cow by the locomotives and cars of defendants.. The petition charges that “the said defendants, by their agents and servants, not regarding their duty in that respect, so'carelessly and negligently ran and managed said locomotives and cars that the same ran against and over said cow of the plaintiff and killed the same, to his great damage,” etc. A jury was waived by the parties and a trial had by the court. The court reserves two important and difficult questions arising in the cause for decision by this court.
There is a…
2Cases cited5 opinions
- Atchison & Nebraska R. R. v. BatyNebraska Supreme Court · 1877
- Parsons v. RussellMichigan Supreme Court · 1863
- Ohio & Mississippi Railway Co. v. LackeyIllinois Supreme Court · 1875
- Jensen v. Union Pacific Railway Co.Utah Supreme Court · 1889
- Oregon Railway & Navigation Co. v. SmalleyWashington Supreme Court · 1890
3Cited by8 opinions
- Ives v. South Buffalo Railway Co.New York Court of Appeals · 1911
- Hunter v. Colfax Consolidated Coal Co.Supreme Court of Iowa · 1915
- Daugherty v. ThomasMichigan Supreme Court · 1913
- Union Pacific Railroad v. BrowerSupreme Court of Colorado · 1916
- Martin v. Chicago, Burlington & Quincy Railway Co.Wyoming Supreme Court · 1907
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