Spinner v. New York Central & Hudson River Railroad
New York Court of Appeals
Appeal from judgment of the G-eneral Term of the Supreme Court, in the fourth judicial department, affirming a judgment in favor of plaintiff entered upon a verdict, and affirming an order denying a motion for a new trial. (Reported below, 6 Hun, 600.) This action was brought to recover damages for injuries to plaintiff’s cattle.
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Appeal from judgment of the G-eneral Term of the Supreme Court, in the fourth judicial department, affirming a judgment in favor of plaintiff entered upon a verdict, and affirming an order denying a motion for a new trial. (Reported below, 6 Hun, 600.) This action was brought to recover damages for injuries to plaintiff’s cattle. The evidence tended to show these facts: In September, 1872, the plaintiff was in possession of a farm of land near Ilion, in the county of Herkimer, on which he had a herd of cattle. The defendant’s railroad ran along the southerly side of the farm adjoining a…
1Opinion of the CourtFolgeb, J.
The plaintiff may not maintain his action, unless the statute law of the State is sufficient therefor. *156Though 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 defendant was bound to build and keep in good repair fences along the sides of the track, where necessary to prevent •cattle from…
2Cases cited2 opinions
- Corwin v. . the New-York and Erie Railroad Co.New York Court of Appeals · 1855
- Munger v. . Tonawanda Railroad Co.New York Court of Appeals · 1850
3Cited by4 opinions
- Jacksonville, Tampa & Key West Railway Co. v. HarrisSupreme Court of Florida · 1894
- Williams v. Northern Pacific R. R.Supreme Court Of The Territory Of Dakota · 1882
- Baltimore & Ohio Southwestern Railroad v. ZollmanIndiana Court of Appeals · 1907
- Bateman v. Rutland RailroadNew York Supreme Court · 1907