Thayer v. Snohomish Logging Co.

Citations

• 101 Wash. 458
• 172 P. 552
• 1918 Wash. LEXIS 850

Syllabus

<p>Statutes—Titles and Subjects—Railboads—Fencing Act—Constitutionality. The railway fence act, Rem. Code, §§ 8731, 8732, providing that railroads shall he liable for the injury or killing of stock in any manner by reason of failing to fence the track does not embrace injuries not happening through moving trains, in view of the constitutional requirement that the subject of the act be expressed in the title, and the title of the act, which was an act compelling the fencing of railroad tracks and declaring the law .of negligence with regard to stock “injured by railway trains.”</p> <p>Appeal—Review—Theoby oe Case. Where plaintiffs action was based upon defendant’s failure to fence its track and the driving of plaintiff’s horse upon a bridge where it was killed by a moving train, which was wholly unsupported by evidence, the theory cannot be changed on appeal to a claim of liability for injury to the horse in falling through the bridge.</p>