Tracy v. . the Troy and Boston R.R. Co.
New York Court of Appeals
This action is brought to recover damages for killing a cow, through negligence on the part of the defendant. The plaintiff recovered judgment for the value of the cow in the justice’s court, but on the trial upon appeal to the Rensselaer County Court, was nonsuited, and from the judgment upon such nonsuit, now appeals to this court.
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This action is brought to recover damages for killing a cow, through negligence on the part of the defendant. The plaintiff recovered judgment for the value of the cow in the justice’s court, but on the trial upon appeal to the Rensselaer County Court, was nonsuited, and from the judgment upon such nonsuit, now appeals to this court. Under the general allegation of negligence, the plaintiff claims that the defendant is liable, by reason of its negligence to make or maintain fences or cattle-guards at and near the place of collision, as required by the general railroad act. (3 Stat. at Large,…
1Opinion of the CourtMason, J.
The decision of this case involves the construction 4o be given to section 44 of the general railroad act of 1850, as amended by section 8 of the act of April 15,1854 (Laws 1850, ch. 140, § 44; Laws 1854, ch. 282, § 8). This eighth section declares, “that every railroad corporation, whose line of road is open for use, shall, within three months after the passage of this act, and every railroad company formed, or to be formed, but whose lines are not now open for use, shall, before the lines of such railroad are opened, erect, and thereafter maintain, fences on the sides of their roads of the…
2Cases cited4 opinions
- Shepard v. Buffalo, New York & Erie RailroadNew York Court of Appeals · 1866
- Bradley v. Buffalo, New York & Erie RailroadNew York Court of Appeals · 1866
- Brace v. . New York Central Railroad CompanyNew York Court of Appeals · 1863
- Clement v. CanfieldSupreme Court of Vermont · 1856
3Cited by31 opinions
- Jacksonville, Tampa & Key West Railway Co. v. Peninsular Land, Transportation & Manufacturing Co.Supreme Court of Florida · 1891
- State ex rel. City of Minneapolis v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1906
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. LightheiserIndiana Supreme Court · 1904
- Strange v. Board of CommissionersIndiana Supreme Court · 1910
- Hicks v. KrigbaumArizona Supreme Court · 1910
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