Dayton v. New York, L. E. & W. R.
New York Supreme Court
Appeal from circuit court, Allegany county. Action by George B. Dayton against the New York, Lake Erie & Western Railroad Company to recover damages for the killing of cattle. From a judgment entered on a verdict in favor of plaintiff, and from an order denying a motion for a new trial, made on the minutes, defendant appeals. Affirmed.
1Opinion of the CourtHaight, J.
This action was brought to recover damages for the killing of five head of cattle. It appears that the cattle had escaped from the plaintiff’s pasture upon the adjoining lands of one Osborn, and from thence passed through an open barway at a farm crossing, onto the defendant’s railroad track, where they were run over and killed by a passing train. The bars had been removed for more than six months, and some of the evidence tends to show that the bars were removed with the knowledge and consent of Osborn.
It is contended that the court erred in refusing the defendant’s motion for a nonsuit. We…
2Cases cited2 opinions
- Corwin v. . the New-York and Erie Railroad Co.New York Court of Appeals · 1855
- Purdy v. . New York New Haven R.R. Co.New York Court of Appeals · 1875
3Cited by3 opinions
- Connolly v. Central Vermont RailroadAppellate Division of the Supreme Court of the State of New York · 1896
- Rubein v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1901
- Seeley v. Lake Shore & Michigan Southern Railway Co., New York County Courts1910