Legal Opinion
Dicaprio v. . N.Y.C.R.R. Co.
New York Court of Appeals
Decided April 19, 1921PublishedCited by 30 opinions
1Opinion of the Court
Section 52 of the Railroad Law (Cons. Laws, chap. 49) provides that a railroad corporation shall erect and maintain fences on both sides of its right of way sufficiently high and strong to prevent horses, cattle, sheep and hogs from going upon its road from the adjacent lands, and until this is done shall be liable for all damages caused by its agents, engines or cars to any domestic animal thereon. The fence need not be built, however, when not necessary to prevent such animals from reaching its tracks.
Through a farm occupied by Tony DiCaprio ran the New York Central railroad. On this…
2Cases cited18 opinions
- Union Pacific Railway Co. v. McDonaldSupreme Court of the United States · 1894
- Middleton v. Texas Power & Light Co.Supreme Court of the United States · 1919
- Hayes v. Michigan Central RailroadSupreme Court of the United States · 1884
- Amberg v. . KinleyNew York Court of Appeals · 1915
- Isabel v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1875
13 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Palsgraf v. Long Island R.R. Co.New York Court of Appeals · 1928
- Schmidt v. Merchants Despatch Transportation Co.New York Court of Appeals · 1936
- DeHaen v. Rockwood Sprinkler Co. of MassachusettsNew York Court of Appeals · 1932
- Morse v. Buffalo Tank Corp.New York Court of Appeals · 1939
- Morris v. Dame'sSupreme Court of Virginia · 1933
25 more not listed; retrieve them via the Exa API.