70 Iowa 522 | Iowa | 1886
It appears from the evidence that the horses in question were struck and killed by a train of the defendant, at a point on its main line of road about 140 feet west of the switches or side tracks at the 'town of De Soto, in Dallas county. The railroad was located and built before the town was laid out, and the town is on the north side of the railroad, and is so laid out that the ends of the streets abut on the railroad right of way. No part of the land on the south side of the railroad was platted as part of the town. The land south of the right of way was inclosed by a fence, as well as a portion on the north side between the place where the horses were killed and the southern, or rather southwestern, boundary of the town plat. Cattle-guards were placed at the western boundary of the town, about 1,000 feet west of where the horses were killed. The depot grounds, switches and side tracks were all east of the point where the animals were killed. The defendant claims that, when it established the station, the side tracks and cattle-guards, and showed the use of such tracks for station purposes between the cattle-guards, it made an allotment or selection of station grounds for the transaction -of business with the public, and that no right to fence exists at any point on. the line thus designated as station grounds; and that, although the animals were killed on the main line, beyond the side tracks and switches, yet, that being between the cattle-guards, where it was necessary to use its main track for the purpose of stopping trains and uncoupling cars to be thrown in on the west end of the switches, no fences nor cattle-guards should be erected at the end of the switches, because they would endanger the lives of its employes in coupling and uncoupling cars.
There are’numerous cases where this court has held that, under section 1289 of the Code, k railroad company is not liable for damages for live-stock killed by reason of a failure to fence depot grounds. See Davis v. Burlington & M. R. R’y Co., 26 Iowa, 549, and other cases. The uniform holding
Something is said in argument about the horses having been killed within the corporate limits of the town of De Soto; but it appears from the evidence that the streets and alleys did not cross the right of way; and the question of the right toienee lots and blocks between streets and alleys is not in the case.
AFFIRMED.