Need help with Tort Law?

A statute requires railroads to fence their tracks is construed as intended solely to prevent animals that stray onto the right-of-way from being hit by trains. B&A Railroad Company fails to fence its tracks. Two of Calvins cows wander onto the track. Nellie is hit by the train. Elsie is poisoned by weeds growing beside the track. For which cow(s), if any, is B&A Railroad Co. liable to Calvin?

For the death of Nellie, but not for the death of Elsie. The statute represents negligence per se, but only protects from the type of harm the statute is designed to prevent.

Dana (attorney)

did either of them die?

B&A is "per se" negligent as to Nellie.

They may not have any liabilty at all for Elsie, unless they have a duty to maintain the landscape along the tracks and failed in that duty.

But don't forget any comparative or contributory negligence by Calvin.

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