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DARRAR v. CHICAGO, MIL., ST. P. & PAC. R.R. CO.

No. 10890.

497 P.2d 1399 (1972)

94 Idaho 772

Lester DARRAR, Plaintiff-Respondent, v. CHICAGO, MILWAUKEE, ST. PAUL AND PACIFIC RAILROAD COMPANY, Defendant-Appellant.

Supreme Court of Idaho.

June 1, 1972.

Attorney(s) appearing for the Case

Peter B. Wilson, Wilson & Walter, Bonners Ferry, for defendant-appellant.

Jerrold E. Park, St. Maries, for plaintiff-respondent.

McFADDEN, Justice.

Plaintiff-respondent Lester Darrar brought this action to recover the value of four head of cattle killed between March and August, 1968, by the operation of defendant-appellant railroad company's trains. The theory of recovery of Darrar's complaint was that the railroad company (appellant) was negligent in failing to maintain adequate fences where its right-of-way adjoins his inclosed cattle pasture as required by I.C. § 62-406, thus allowing...

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