Holsapple v. Rome, Watertown & Ogdensburgh Railroad
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made the third Tuesday of November, 1879, which affirmed a judgment in favor of plaintiff, entered upon a verdict. This action was brought to recover damages for alleged negligence of defendant, causing the loss of a number of sheep while being transported over defendant’s road.
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Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, entered upon an order made the third Tuesday of November, 1879, which affirmed a judgment in favor of plaintiff, entered upon a verdict. This action was brought to recover damages for alleged negligence of defendant, causing the loss of a number of sheep while being transported over defendant’s road. The sheep were delivered to defendant at Cape Vincent to be transported to Albany, under a contract made by plaintiff with defendant and the New York Central Railroad Company, the portions whereof so…
1Opinion of the Court
Finch, J
We must assume as facts in this case, that the loss of the sheep, to the full extent of the verdict, resulted from the negligence of the defendant corporation in omitting to supply the train with such appliances as would have enabled those in charge of it to have stopped its progress, and extinguished the fire in the stock-cars before serious damage had resulted. The appellant disputes these facts with a force and effect which we very distinctly feel, but to which we are not permitted to yield. The jury have awarded what seems to us, upon the evidence, a very large value for the sheep…
2Cases cited4 opinions
- Mynard v. Syracuse, Binghamton & New York RailroadNew York Court of Appeals · 1877
- Teerpenning v. . the Corn Exchange Ins. Co.New York Court of Appeals · 1871
- Cragin v. . N.Y.C.R.R. Co.New York Court of Appeals · 1872
- Pratt v. Ogdensburg & Lake Champlain RailroadMassachusetts Supreme Judicial Court · 1869
3Cited by21 opinions
- McFadden v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1887
- E. O. Stanard Milling Co. v. White Line Central Transit Co.Supreme Court of Missouri · 1894
- Russell v. Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co.Indiana Supreme Court · 1901
- Kenney v. New York Central & Hudson River RailroadNew York Court of Appeals · 1891
- Meuer v. Chicago, M. & St. P. Ry. Co.South Dakota Supreme Court · 1894
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