Johnson v. Oregon Short Line Railway Co.

Citations

• 7 Idaho 355
• 63 P. 112
• 1900 Ida. LEXIS 64

Syllabus

<p>Domestic Animals. — The common-law rule that a man must confine his domestic animals to his own inclosure has never obtained in this state.</p> <p>Railroad Corporation — Fences—Police Regulation. — The statute requiring railroad companies to fence their right of way where the same is contiguous to private property, is a police regulation, adopted to protect human life and property for the heneiit of the general public, and not for the sole benefit of adjoining or contiguous land owners.</p> <p>Private Property — Homestead Entry. — A homestead entry, after it is entered, is private property, within the meaning of the statute requiring railroad companies to fence their track when their right of way “passes through or along or abuts upon or is contiguous to private property.”</p> <p>Animals Kilted — Damages.—In an action to recover damages for horses killed by a railroad company, it was clearly shown that if the railway company had fenced its track, as required by the statutes that plaintiffs’ horses would not have wandered upon the railroad track and been injured. Held, that a verdict for plaintiffs was proper and should not be disturbed.</p> <p>(Syllabus by the court.)</p>