Jones v. Oregon Short Line Railway

• Decision Date: 25 January 1899
• Citation: 56 P. 76,6 Idaho 441
• Parties: JONES v. OREGON SHORT LINE RAILWAY
• Court: Idaho Supreme Court

56 P. 76

6 Idaho 441

JONES v. OREGON SHORT LINE RAILWAY

Supreme Court of Idaho

January 25, 1899

EVIDENCE INSUFFICIENT TO SUPPORT THE JUDGMENT.-Evidence in this case examined and held not to support judgment. Kelly v. Oregon Short Line etc. R. R. Co., 4 Idaho 190, 38 P. 404 distinguished.

LIABILITY FOR INJURY TO ANIMALS.-Railroad company held not liable for injury to animals, where there is an entire absence of proof of negligence on the part of the railroad company.

(Syllabus by the court.)

APPEAL from District Court, Lincoln County.

Judgment reversed, with costs to appellant.

P. L Williams and Joseph H. Blair, for Appellant.

There is neither testimony nor evidence in the case that the steer and bull were killed in consequence of the carelessness or negligence of anyone. That they were killed by the cars of the appellant raises no presumption of negligence on the part of the defendant or any one of its servants or agents. As this question has so frequently been passed upon by this court, we will rest with citing some of the cases, and ask the court's consideration of them, to wit: Catril v U. P. Ry. Co., 2 Idaho 576, 21 P. 416; Holt v. Spokane etc. Ry. Co., 4 Idaho 443, 40 P. 56; King v. Oregon etc. R. Co., ante, p. 306, 55 P. 665; Lindsay v. Ry. Co., 27 Vt. 643; Flattes v. C. etc. R. Co., 35 Iowa 191; Brown v. H. etc. R. Co., 33 Mo. 309; Scott v. Railway Co., 4 Jones (N. C.), 432.

Guy C. Barnum and James H. Hawley, for Respondent.

We think the case of Kelly v. Oregon Short Line etc. R. R. Co., 4 Idaho 190, 38 P. 404, settles the contention in this case. The facts in that case are almost identical with the facts in this case, and the court says in concluding the opinion: "We think sufficient was shown by plaintiff to put the defendant to its proof. In fact, we do not even see, in the absence of an eye-witness, how more could be proved by plaintiff, and the only eye-witnesses were the employees of defendant." Section 2680 of the Revised Statutes of Idaho provides as follows: "Every railroad company operating any line of railroad within this state that maims or kills any . . . . cow, heifer, bull, ox, steer, or calf, or any other domestic animals, by running any engine or cars over or against any such animal, is liable to the owner of such animal for damages sustained by such owner by reason thereof, unless the injury occurred through the neglect or fault of the owner."

HUSTON, C. J. Quarles, J., concurs. Sullivan, J., did not sit at the hearing of this case.

OPINION

HUSTON, C. J.

This action was brought in justice's court to recover the value of certain animals alleged to have been killed by the defendant running an engine and cars over and against the same. Plaintiff recovered judgment in the justice's court, and defendant appealed to the district court, where the case was tried upon the following agreed statement of facts: "It is stipulated and agreed by and between the plaintiff and defendant that the plaintiff, if personally present and sworn in court, would testify as follows, to wit That during the latter part of April and in the early part of May, 1897, he was the owner of one steer and one bull, the same as described in his complaint herein; that he turned them (with other stock) out to run at large upon open, unfenced government in Lincoln county, Idaho in April, 1897; that for several weeks he did not see the same, nor the herd with which said steer and bull were running at large; that some time about the middle of June, or perhaps a little thereafter, he missed said steer and bull, and made a search for them; that, upon such search made, he was unable to find them; that thereupon he went to Shoshone, and examined the record kept by the agent of the defendant, pursuant to section 2681 of the...