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A statute that requires railroads to fence their tracks is construed as intended solely to prevent injuries to animals straying onto the right-of-way. B & A Railroad Company fails to fence its tracks. Two of Calvin’s cows wander onto the track. Nellie is hit by a train. Elsie is poisoned by weeds growing beside the track. For which cow(s), if any, is B & A Railroad Company liable to Calvin? Why or why not?

User Saly
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2 Answers

2 votes

Answer:

Step-by-step explanation:

A statute was framed to fence the railways for securing the creatures that may stall out on the railroad. B organization neglected to build the fence. the dairy animals of Mr. C were hit by the train. The primary cow N was hit by a train and the second cow E was harmed by the weeds that developed close to the tacks. In this way, both the cows were dead. The proprietor of the dairy animals, Mr. C, claimed

The obligation of B company clearly lies towards death of the cow N. The organization had disregarded the stature that has been framed by the state. This infringement wound up slaughtering the cows. Henceforth, the organization is obligated to pay Mr. C for the demise of cow N. What's more, Mr. C can't guarantee for cow E as the stature was to shield the creatures from the track and not from the harmful plants. On account of cow E, Mr. C ought to be considered capable as he had been indiscreet in letting the cows to wander.

B company needs to pay the misfortunes that has been shown up because of the passing of cow N. Also, Mr. C needs to hold up under the misfortune for cow E, as it had terminated because of the carelessness of Mr. C in taking care of the cow.

User Andy Dufresne
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5 votes

Answer:

The answer is "only Nellie."

Step-by-step explanation:

According to the example given in the question and its details, the company is liable to Calvin only for Nellie and not Elsie because the requirement of the statute is just about keeping animals off of the track and prevent them from getting injured. Since the B&A company failed to fence the tracks, Nellie getting hit by the train is their fault but they have no liability for the poisoning of Elsie because the weeds are growing beside the tracks and it was Calvin's responsibility.

I hope this answer helps.

User Kuanyui
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