Satterly v. Erie Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal, by the plaintiff,’ Charles. S. Satterly, from a. judgment of, the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Orange on the 5th day of June, 190.3, upon the decision of the court, rendered alter a trial at the Orange Special Term, dismissing, the complaint upon the merits. , The action is to recover damages for the loss- of cattle which strayed from the -plaintiff’s, lands onto the railroad tracks of the defendant and…
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Appeal, by the plaintiff,’ Charles. S. Satterly, from a. judgment of, the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Orange on the 5th day of June, 190.3, upon the decision of the court, rendered alter a trial at the Orange Special Term, dismissing, the complaint upon the merits. , The action is to recover damages for the loss- of cattle which strayed from the -plaintiff’s, lands onto the railroad tracks of the defendant and were killed by its locomotive. The plaintiff complained that his loss was due to.the failure and neglect of the…
1Opinion of the Court
Jenks, J.:
I think that the covenant to build aid to maintain the fence ran with the land. (Moxley v. New Jersey & N. Y. R. Co., 21 N. Y. Supp. 347 ; affd., 143 N. Y. 649 ; 60 N. Y. St. Repr. 874 ; Bronson v. Coffin, 108 Mass. 175, citing inter alia, Blain v. Taylor, 19 Abb. Pr. 228, and Duffy v. N. Y. & Harlem R. R. Co., 2 Hilt. 496. See, too, Shepard v. Buffalo, New York & Erie R. R. Co., 35 N. Y. 642.)
In Corwin v. New York & Erie R. R. Co. (13 N. Y. 42), Gregory, as owner, conveyed to the defendant the land on each side of its road for its railroad purposes, and covenanted in his deed to…
2Cases cited6 opinions
- Bronson v. CoffinMassachusetts Supreme Judicial Court · 1871
- Corwin v. . the New-York and Erie Railroad Co.New York Court of Appeals · 1855
- Shepard v. Buffalo, New York & Erie RailroadNew York Court of Appeals · 1866
- Blain v. TaylorNew York Supreme Court · 1864
- Duffy v. New York & Harlem RailroadNew York Court of Common Pleas · 1859
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Miller v. . ClaryNew York Court of Appeals · 1913
- Greenfarb v. R. S. K. Realty Corp.New York Court of Appeals · 1931
- Shepard v. Pennsylvania RailroadNew York Supreme Court · 1914
- Bell v. Erie RailroadAppellate Division of the Supreme Court of the State of New York · 1918