Crouse v. New York, Pennsylvania & Ohio Railroad
New York Supreme Court
Appeal from Cattaraugus county court. Action originally commenced in justice’s court by Cyrus Crouse against the Hew York, Pennsylvania & Ohio Railroad Company. Judgment against plaintiff for $103.10 costs, and execution issued. Motion to set aside execution sustained, whereupon defendant appeals.
1Opinion of the CourtBarker, P. J.
The plaintiff in this action is a Seneca Indian, living and residing, with his tribe, in this state, on the Allegany reservation. The alleged cause of action against the defendant was trespass for killing the plaintiff's horse on the line of its road, in consequence of the omission of the defendant to construct and maintain fences and cattle-guards as required by the statute. Although it is not distinctly stated in the case that the accident occurred on the section of the defendant’s road that crosses the Indian reservation, it will be assumed that such is the fact, as being most favorable to…
2Cases cited1 opinion
- Hastings v. . FarmerNew York Court of Appeals · 1850
3Cited by1 opinion
- Jemmerson v. KennedyNew York Supreme Court · 1889