White Water Valley Railroad v. Quick

Indiana Supreme Court

White Water Valley Railroad v. Quick

31 Ind. 127

DecidedMay 15, 1869

StatusPublished

This text of 31 Ind. 127 (White Water Valley Railroad v. Quick) is published on Counsel Stack Legal Research, covering Indiana Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

White Water Valley Railroad v. Quick, 31 Ind. 127 (Ind. 1869).

Pincite

Opinion

Ray, J.

This was an action for the value of an animal killed within the grounds of the appellee and at a point where the railroad, after passing along the bank of the White Water Valley Canal, crosses the same upon an embankment erected in the bed of the canal, and not protected by any fence.

In a recent case between the same parties we have held the company liable for the failure to fence. If they may obstruct the bed of the canal with embankments, such embankments may also be guarded by fences.

Judgment affirmed, with ten per cent, damages and costs.

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Ray, J.

This was an action for the value of an animal killed within the grounds of the appellee and at a point where the railroad, after passing along the bank of the White Water Valley Canal, crosses the same upon an embankment erected in the bed of the canal, and not protected by any fence.

In a recent case between the same parties we have held the company liable for the failure to fence. If they may obstruct the bed of the canal with embankments, such embankments may also be guarded by fences.

Judgment affirmed, with ten per cent, damages and costs.

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Bluebook (online)

31 Ind. 127, Counsel Stack Legal Research, https://law.counselstack.com/opinion/white-water-valley-railroad-v-quick-ind-1869.