Chicago, B. & Q. R. Co. v. Hogan
Decision Date | 05 November 1890 |
Citation | 46 N.W. 1015,30 Neb. 686 |
Parties | CHICAGO, B. & Q. R. CO. v. MARY HOGAN |
Court | Nebraska Supreme Court |
REHEARING of case reported 27 Neb. 801. For contentions of counsel, see former report.
Judgment reversed and action DISMISSED.
Marquett & Deweese, for plaintiff in error.
Sawyer & Snell, contra.
This case was reversed on a former hearing and a rehearing granted. We have again considered the questions involved and found no reason to change the views expressed in the former opinion prepared by Judge MAXWELL, that, under the agreed statement of facts, the railroad company was not required to fence its right of way at the point where the plaintiff's horse was killed, and, as the animal was killed without the fault or negligence of the company's employes, the defendant was not liable for the loss. The greater portion of the defendant's depot and station grounds at the city of Lincoln are within the corporate limits; the remainder of such grounds, while not within the corporate limits, extends along a laid out and platted addition to Lincoln, known as "West Side Addition." This addition had several houses thereon, which were occupied by owners and tenants. Numerous tracks had been constructed through said depot grounds, which had been used by the company for many years, and which tracks and depot grounds were necessary for the proper transaction of its business as a common carrier. The horse entered upon the defendant's right of way and was killed at a point within that part of its depot or station grounds which extend outside of the city limits. No fence had been erected on either side of the defendant's tracks at that point.
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