Shepard v. Buffalo, New York & Erie Railroad
New York Court of Appeals
. Plaintiff brought an action for the value of five cattle, killed in Yovemher, 1856, by defendant’s ears, on its road. The injury was proved, and the justice at the trial dismissed the complaint on the ground that the plaintiff’s negligence in pasturing his cattle in fields not separated from defendant’s road, by a substantial inclosure, contributed to the injury.
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. Plaintiff brought an action for the value of five cattle, killed in Yovemher, 1856, by defendant’s ears, on its road. The injury was proved, and the justice at the trial dismissed the complaint on the ground that the plaintiff’s negligence in pasturing his cattle in fields not separated from defendant’s road, by a substantial inclosure, contributed to the injury. The plaintiff appealed to the General Term in. the eighth district, where the judgment of the Special Term was reversed, and from the judgment of the General Term the defendant appeals to this court. ■
1Opinion of the CourtPeckham, J.
It appeared, on the trial of this cause, that
the roadway of the defendant, and also of the Yew York Central, ran through plaintiff’s farm, side by side, each of the width of fifty feet. The roads adjoined each other, the west line of defendant’s road abutting upon and forming the east line of the Central. That the outside or east line of the defendant’s road was always properly fenced with suitable cattle guards, at the highway and farm crossings, but there were neither cattle guards or fences on the west line, nor, in fact, on either line of the Central, the fence once built, on its west…
2Cases cited3 opinions
- Norman v. WellsNew York Supreme Court · 1837
- Corwin v. . the New-York and Erie Railroad Co.New York Court of Appeals · 1855
- Poler v. . the New-York Central Railroad CompanyNew York Court of Appeals · 1857
3Cited by26 opinions
- Tracy v. . the Troy and Boston R.R. Co.New York Court of Appeals · 1868
- Silver v. Kansas City, St. Louis & Chicago RailroadSupreme Court of Missouri · 1883
- Atchison, Topeka & Santa Fé Railroad v. RiggsSupreme Court of Kansas · 1884
- Gillam v. Sioux City & St. Paul RailroadSupreme Court of Minnesota · 1879
- Burlington & Missouri River Railroad v. BrinkmanNebraska Supreme Court · 1883
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