Hubert v. Connell Northern Railway Co.

Citations

• 71 Wash. 567
• 129 P. 105
• 1913 Wash. LEXIS 1366

Syllabus

<p>Trespass — Common Inclosure — Throwing Open Without Consent — Liability for Trespassing Stock. Where a railroad acquired a right of way through inclosed lands, and took down the fences across its right of way, which it failed to fence up, thereby allowing stock to enter and trespass upon the lands formerly inclosed, it is liable for the damages, on the principle that an owner having an inclosure common with another cannot throw the close open without the other’s consent; since no man shall use his own property in such manner as to injure that of another (Parker and Mount, JJ., dissenting).</p>