Duffy v. New York & Harlem Railroad
New York Court of Common Pleas
Appeal from a judgment of the Seventh District Court. The plaintiff recovered the value of a horse belonging to him, killed upon the defendants’ track by a train of cars. The defendants appealed. All the facts shown by the return are given in -the opinion.
1Opinion of the Court
By the Court, Hilton, J.
The plaintiff brought this action to recover the value of a horse belonging to him, and which-'-was run over and killed by the engine or cars of the defendants on their railtrack in Fordham, Westchester county. It appeared that the plaintiff hired pasture for the horse upon a lot belonging to Mrs. Bassford, adjoining the strip of land on which the defendants’ track was laid. That the horse was turned into this pasture lot on the morning of September 3d, 1857, and the par.-* tition fence between the lot and the railtrack being insufficient, and defective, the horse…
2Cases cited2 opinions
- Norman v. WellsNew York Supreme Court · 1837
- Beddoe's v. WadsworthNew York Supreme Court · 1839
3Cited by7 opinions
- Hartung v. WitteWisconsin Supreme Court · 1884
- Schwallback v. Chicago, Milwaueee & St. Paul Railway Co.Wisconsin Supreme Court · 1887
- Indianapolis & Cincinnati Railroad v. AdkinsIndiana Supreme Court · 1864
- Brown v. Southern Pacific Co.Oregon Supreme Court · 1899
- Thomas v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1884
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