Talmadge v. Rensselaer & Saratoga Railroad
New York Supreme Court
This action was commenced in a justice’s court, in June, 1849. The complaint contained two counts. The first charged that the defendants, by their agents, with an engine and locomotive on their railroad, negligently and unlawfully ran against or over a certain cow of the plaintiff, and so injured her as to render her of no value, to the plaintiff’s damage of fifty dollars.
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This action was commenced in a justice’s court, in June, 1849. The complaint contained two counts. The first charged that the defendants, by their agents, with an engine and locomotive on their railroad, negligently and unlawfully ran against or over a certain cow of the plaintiff, and so injured her as to render her of no value, to the plaintiff’s damage of fifty dollars. The second count charged that at the time aforesaid, the defendants wrongfully ran over the plaintiff’s cow, on the railroad of the defendants, whereby the defendants became liable for the value of the cow, in consequence…
1Opinion of the Court
By the Court, Willard, P. J.
This court held in Waldron v. The Rensselaer and Saratoga Railroad Co. (8 Barb. 390,) that the general railroad act of March, 1848, (Laws of 1848, p. 221,) was applicable to them. By the 42d section of that act they were therefore bound to erect and maintain on the sides of their road, fences of the height and strength of a division fence, as required by law, with openings and gates therein, &c. &c. “ And also construct and maintain cattle guards at all road crossings, suitable and sufficient to prevent cattle and animals from getting on to the railroad.” The…
2Cases cited9 opinions
- Tonawanda Rail-Road v. MungerNew York Supreme Court · 1848
- Broadwell v. GetmanNew York Supreme Court · 1846
- Suydam v. MooreNew York Supreme Court · 1850
- Brand v. Schenectady & Troy RailroadNew York Supreme Court · 1850
- Pitkin v. Long Island Rail-RoadNew York Court of Chancery · 1847
4 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Washington v. B. & O. R. R.West Virginia Supreme Court · 1880
- Concklin v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1912
- Stucke v. Milwaukee & Mississippi RailroadWisconsin Supreme Court · 1859
- Indianapolis & Cincinnati Railroad v. AdkinsIndiana Supreme Court · 1864
- Terry v. New York Central Rail RoadNew York Supreme Court · 1855
6 more not listed; retrieve them via the Exa API.