The new North-west. [volume] (Deer Lodge, Mont.) 1869-1897, 1883-11-16

A stock man living near Billings bad q
COW run over by locomotive aud killed
He wrote At once TO the Northern Pacih c
authorities, and has received the following
reply:
find your letter ON my desk. On inves
tieation, find that your COW was lying down
behind the fence near our railroad track, so
that she could not be seen until she got mp
and went onto the track when the engine
was about one hundred feet of. The engin-
Ger applied air brakes and did his best TO stop
| In season TO prevent accident. The COW
stood on the track until the engine got al
most up to IL, and then turned to leave, but
was caught by the hind legs. In cases like
the above railroad company Ii never liable
for damages. The COW was trespassing upon
our right Of way, where you should not
have allowed her TO 60. III she had thrown
our train from the track, damaged our cars
or injured our employees, you would have
been liable for heavy damages. Our engin-
eer did all the law required OF him under
requirements of the law In allowing your
stock TO 20 upon our track. We deny all
liability In this case. Respectfully yours,
ID. X. FORD,
Assistant General Claim Agent.
Assistant General Claim Agent Ford Is q
genius. He is rare and radiant expounder
Of law. He ought TO be appointed to deliver
the sentences In cases of capital punish
ment, SO that the poor devil going to the
scafiold would be made TO believe the Gov
eminent was doing him an act of conde.
scending kindness in strangling the life out
Of him. It seems the stock man is not only
short COW that was run over and killed by
Northern Pacific engine, but that were 1t
not for the loving kindness and magnificent
magnanimity Of that gigantic and incorpo-
rated embodiment Of philanthropy known
as the Northern Pacific Railroad Company,
the said stock man would be liable TO be sold
out Of house and home and two-year-
steers for letting the aforesaid COW get Oh the
unfenced right-of-way of the aforesaid COM
pany. Perhaps the Assistant General Claim
Agent thinks there Is q "no fence" law in
Montana, and contemplates instituting suits
for trespass against all persons who permit
their stock to Craze on that sacred four hun
dred feet right-of-way that extends seven
hundred miles through Montana. He says,
"You did not obey the requirements Of the
law in allowing your stock TO 60 upon our
track" What lawp Again he says the COW
was caught by the hind legs and din cases
like the above the company is never liable
for damages" From this It might be infer
red that II she had been caught by the fore
legs the company would have been liable.
Stock men should therefore educate their
cattle that In case Of being run over by To-
to always arrange It 50 that the
engine shall pass over their fore legs. He
also makes the point that the COW '.stood"
on the track. Perhaps II she had laid down
The legal conditions might have been differ
ent. In fact 1t might be we'll for stock men
In the vicinity of Billings to procure from
Agent Ford memoranda of conditions un-
der which he thinks any responsibility would
attach to the railroad company for killing
stock. To shorten up proceedings In the
case referred to, . suit against the railroad |
company under the laws Of Montana would |
10, and perhaps the Assistant General Claim |
Agent would find the courts put = somewhat |
different construction on the statutes from |
hat which he has evolved. If not, 1t might |
not be bad idea for the Legislature TO enact |
/ law requiring railroad companies to fence
heir tracks.