Dolan v. Newburgh, Dutchess & Conn. R. R.
New York Court of Appeals
Appeal from a judgment of the general term of the supreme court, in the second judicial department, affirming a judgment in favor of the plaintiffs, entered upon a verdict directed by the court.
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Appeal from a judgment of the general term of the supreme court, in the second judicial department, affirming a judgment in favor of the plaintiffs, entered upon a verdict directed by the court. This action was brought to recover damages from the defendant on account of its failure to fence its track as required by law, whereby, as it is alleged, two horses belonging to the plaintiffs were run over and killed by a train of cars operated by the New York & New England Railroad Company, while running upon said track, pursuant to a contract for the joint use of the same by the two companies. At…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] The mill stands fifty-nine feet, four and one-half inches south of the center line of the railroad. Five feet of the space between the mill and the land of the railroad is occupied by a platform in front of the mill, which is ten feet long and about as high as the top of a wagon. The boundary line between the mill property and the railroad land is but four feet and ten inches north of the north edge of the platform. Teams, in approaching the mill and while…
2Cited by4 opinions
- Kelver v. New York, Chicago & St. Louis R. R. Co.New York Court of Appeals · 1891
- Evans v. Utica & Mohawk Valley Railway Co., New York County Courts1904
- Kelver v. New York, Chicago & St. Louis RailroadNew York Court of Appeals · 1891
- Kelver v. New York, Chicago & St. Louis RailroadThe Superior Court of New York City · 1891