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CHICAGO AND NORTH WESTERN RAILWAY CO. v. BISHOP

No. 3211

390 P.2d 731 (1964)

CHICAGO AND NORTH WESTERN RAILWAY COMPANY, Appellant (Defendant below), v. W.T. BISHOP, Appellee (Plaintiff below).

Supreme Court of Wyoming.

April 7, 1964.

Attorney(s) appearing for the Case

Robert R. Rose, Jr., Casper, for appellant.

J.F. Mahoney, of Mahoney & Murphy, Casper, for appellee.

Before PARKER, C.J., and HARNSBERGER, GRAY, and McINTYRE, JJ.

Mr. Justice HARNSBERGER delivered the opinion of the court.

The railroad company appeals from a judgment awarding plaintiff damages for loss of a Shetland pony killed on the railroad company's right of way by one of the company's trains. By admitting the pony came upon the right of way through a hole in its right of way fence, appellant apparently concedes that its fencing was not kept in proper repair. Sections 37-209 and 37-210, W.S. 1957, which were first enacted...

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