Crary v. Chicago, Milwaukee & St. Paul Railway Co.

Citations

• 18 S.D. 237
• 100 N.W. 18
• 1904 S.D. LEXIS 45

Syllabus

<p>1. The lessee of school lands is not the “owner,” within the meaning- of Civ. Code. §§ 542-544, providing that, when the “owner” of any tract of land' abutting on a railroad constructs a lence about said tract on all sides 'except along the railroad, it shall be the duty of the railroad company to construct a fence along its right of way, and that if such company, on notice, refused to construct such fence, the owner may construct it, and recover the cost thereof.</p> <p>2. The fact that a railway company constructed a fence along its right of . way adjoining land leased by plaintiff did not estop it from showing that the law did not require it to do so, and that the plaintiff, as lessee,, had no right to assume that the company would maintain the fence in good repair.</p> <p>3. In an action against a railway company for the killing of animals on the track, evidence examined, and held insufficient to carry the question of defendant’s negligence to the jury.</p>