BOX v. CHICAGO R. I. & P. RY. CO.

BOX v. CHICAGO R. I. & P. RY. CO.
1916 OK 297
155 P. 1144
56 Okla. 243
Case Number: 6078
Decided: 03/07/1916
Supreme Court of Oklahoma

BOX
v.
CHICAGO, R. I. & P. RY. CO.

Syllabus

¶0 RAILROADS--Right of Way--Failure to Fence--Damages to Crops--Liability. A railroad company is not 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.

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. Affirmed.

Wilkinson & Scott and Gray & McVay, for plaintiff in error.
C. O. Blake, R. J. Roberts, W. H. Moore, J. G. Gamble, K. W. Shartel, and Wright & Boyd, for defendant in error.

MATHEWS, C.

¶1 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.

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

¶3 We recommend that the judgment be affirmed.

¶4 By the Court: It is so ordered.