Iola Electric Railroad v. Jackson

Citations

• 70 Kan. 791
• 79 P. 662
• 1905 Kan. LEXIS 51

Syllabus

<p>SYLLABUS BY THE COURT.</p> <p>1. Railroads —Injury to Live Stock —Company Held Liable. In an enclosed field through which there was located and operated an unfenced railroad, a cow, rightfully in the field, passed directly upon the railroad, and was struck and killed by a car, without any fault of the employees of the railroad company in charge of the ear. At the time the general herd law was in force in the county wherein the cow was killed. Held, that the cow was not trespassing or running at large when she went upon the right of way of the railroad company; and, as she was killed because of the failure to fence the railroad as the law requires, the company is liable for the loss.</p> <p>2. -End Fences and Cattle-guards. Where a railroad passes through an enclosure it is the duty of the company not only to build fences on each side of the track, but also to complete the enclosure by building end fences and cattle-guards across the right of way where the railroad enters and leaves the enclosure.</p> <p>3. -Platting Held Not to Believe from Fencing. A portion of the enclosure on one side of the railroad was platted and lots, blocks, streets and alleys were staked out, but as no lots or blocks were sold, nor streets and alleys used as such, and as the platted portion was still used for agricultural purposes only, the platting did not relieve the company from the duty of fencing its road, nor absolve it from liability for the loss.</p>