Spinner v. . N.Y.C. H.R.R.R. Co.

[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] The plaintiff may not maintain his action, unless the statute law of the State is sufficient therefor. Though his beasts escaped from a well fenced field, without any actual carelessness on his part, when they came upon the defendant's track they were trespassers there, and the defendant owed him no duty, save not to willfully or recklessly injure them. (Munger v. Tonawanda R.R. Co., 4 N.Y., 349.)

The statute law has modified that rule to some extent. By it, the…