Taylor v. Spokane Falls & Northern Railway Co.

Citations

• 32 Wash. 450
• 73 P. 499
• 1903 Wash. LEXIS 439

Syllabus

<p>APPEAL-JURISDICTION OF SUPREME COURT' — AMOUNT IN CONTROVERSY.</p> <p>The appellate jurisdiction of the supreme court would extend to a case in which the original complaint claimed damages in excess of $200 for the killing of cows, even though the claim as made in an amended complaint had reduced the damages sued for to the sum of $200. (Anders and Dunbar, JJ., dissent.)</p> <p>DAMAGES-MARKET VALUE OF CATTLE KILLED-EVIDENCE.</p> <p>Evidence of the quantity and value of milk given by certain cows, which were chiefly valuable for their milk, is admissible for the purpose of aiding the jury in determining their market value in an action for damages for their death.</p> <p>RAILROADS-KILLING CATTLE-FAILURE TO FENCE-NATURAL BARRIERS.</p> <p>The existence of natural barriers along a railway track would not excuse the company from liability for stock killed at that point, where there was free access to the track at the ends of such barriers, under Bal. Code, § 4332, which provides that “it shall be prima facie evidence of negligence on the part of defendant to show that the railroad track was not fenced so as to turn stock from the track.”</p>