112 STATUTORY CIVIL LIABILITY FOR TIMBER TRESPASS 



not of the jury. l Negligence on the part of the railroad 

 company will ordinarily render it liable irrespective of 

 whether the one injured has been negligent. 2 



Statutes of this character are not repugnant to the 

 Constitution of the United .States as denying the equal 

 protection of the law, as taking property without due con- 

 sideration, or as impairing the obligation of a contract. 3 

 The words "other property" in such a statute have been 

 held to comprehend growing timber, 4 and a statute which 

 made "every railroad corporation" liable has been held 

 applicable to an unincorporated owner. 5 A railway 

 company is not liable for fires started by a stranger within 

 its right of way. 6 Such statutes do not relieve railroad 

 companies from the common law liability for the injury 

 of property, but merely afford an additional remedy. 7 

 Although a railroad may be required to have proper appli- 

 ances-, it is not required to have the best possible appli- 

 ances. 8 



1. Smith v. N. P. Ry. Co., 3 N. D. 17, 53 N. W. 173 (1892). Of. Carter v. Ky. Co. 



(Iowa) 21 N. W. 607; Davidson v. Ry. 34 Minn. 51, 24 N. W. 324; Burlington & 

 Missouri R. R. v. Westover, 4 Neb. 268. 



2. West v. Ry., 77 la. 654; Burlington & Missouri R. R. v. Westover, 4 Neb. 268. 



3. Colo. U. P. Ry. v. De Busk, 12 Colo. 294; D. & R. G. Ry. v. Henderson, 10 Colo. 



2. 

 Kan. Missouri Etc. Ry. v. Merrill, 40 Kan. 404 ; See Missouri Etc. Ry. v. Mackey, 



127 U. S. 205. 



Mo. Campbell v. Ry., 121 Mo. 340; Matthews v. Ry., 121 Mo. 298. 

 U. S. St. Louis Etc. Ry. v. Matthews, 165 U. S. 1, 17 Sup. Ct. 243. 



4. Pratt v. Ry. Co., 42 Me. 579. But see Chapman v. Ry. Co. 37 Me. 92, holding 



statute did not cover wood piled temporarily beside the track. 



5. U. P. Ry. Co. v. De Busk, 12 Colo. 294. 



6. Railway v. Kelley, 10 O. C. C. 322, 6 O. C. D. 555 (Afld. in Railroad v. Kelley, 37 



Bull. 392. 



7. D. & R. G. Ry. v. Henderson, 10 Colo. 2; Fisk v. Wabash Ry. 114 Mich. 248; 



Mahoney v. St. Paul Etc. Ry. Co., 35 Minn. 361. 



8. Osborn v. Ry., Ill Mich. 15; Lipfleld v. Ry. Co. 41 S. C. 285. But see Balsley v. 



R. R. (111.) 8 N. E. 859 (Holding lessor liable for action of lessee. 



