McDonald v. Great Northern Railway Co.

Citations

• 5 Idaho 8
• 46 P. 766
• 1896 Ida. LEXIS 35

Syllabus

<p>Damages fob Hoeses Killed by Railroad Train — Contributory Negligence. — Where plaintiffs, without the knowledge or consent of defendant, entered upon its right of way, for the purpose, of cutting and hauling ties and timber from the adjoining lands, and, while so engaged, turned their horses loose upon such right of way, for the purpose of grazing and water, leaving a man to watch and care for said horses, and keep them from straying upon the railroad track of defendant (said right of way being about two hundred feet in width), and such attendant having abandoned the care of said horses, they strayed upon the tracks of defendant, and were killed by a passing train, without fault, or want of ordinary care by the employees of defendant, held, that plaintiffs were guilty of contributory negligence, and were not entitled to recover from defendant for the loss of such animals.</p> <p>(Syllabus by the court.)</p>