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Box v. Chicago, R. I. & P. Ry. Co.

Box v. Chicago, R. I. & P. Ry. Co., 1916 OK 297, 155 P. 1144
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Court
Supreme Court of Oklahoma · State Highest Courts
Decided
March 7, 1916
Docket
No. 6078
Judges
Mathews
Citations
155 P. 11441916 OK 29756 Okla. 2431916 Okla. LEXIS 694
Disposition
Affirmed.
Cited by 3
Syllabus
(RAILROADS — Right of Way — Failure to Fence — Damages to Crops— Liability. A railroad company is not liable to one owning or occupying land adjoining tbe railroad right of way for damages to crops incurred from trespassing animals entering on said land by reason of tbe failure of tbe railroad company to properly fence its adjacent right of way. (Syllabus by Mathews, C.)
Summary
Error from Superior Court, Pittsburg County; W. C. Liedtke, Judge. Action by J. P. Box against the Chicago, Rock Island & Pacific Railway Company. Judgment for defendant, and plaintiff brings error.

Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.

Opinion of the Court — Mathews

Opinion by MATHEWS, C.

The only question presented by the appeal is whether or not a railroad company is liable to one owning or occupying land adjoining the railroad right of way for damages to crops incurred from trespassing animals entering on said land by reason of the failure of the railroad company to properly fence its adjacent right of way.

In the very recent case of Missouri, O. & G. Ry. Co. v. Webb, 46 Okla. 740 , 148 Pac. 1042 , by this court, this exact question was answered in the negative. For reason and authorities, see that case.

We recommend that the judgment be affirmed.

By the Court: It is so ordered.

How later courts describe this case

No later court has written an explanatory parenthetical about this case yet.

Cited by 3 cases

View all citing references →
1917: 11918: 11939: 119172026peak 1917 · 1

Relies on it most ⓘ

  1. Missouri, K. T. R. Co. v. Minor1917 OK 581, 181 P. 142
  2. Kurn v. Immel1939 OK 187, 89 P.2d 308
  3. Gem Oil Co. v. Callendar1918 OK 269, 173 P. 820

Most recent

  1. Kurn v. Immel1939 OK 187, 89 P.2d 308
  2. Gem Oil Co. v. Callendar1918 OK 269, 173 P. 820
  3. Missouri, K. T. R. Co. v. Minor1917 OK 581, 181 P. 142

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
Mo., O. & G. Ry. Co. v. Webb, 1915 OK 202, 148 P. 1042 2

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