Smith v. New York & Oswego Midland Railroad
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, in favor of plaintiff, entered upon an order denying a motion for a new trial and directing judgment upon a verdict. This action was brought to recover damages for injuries sustained by plaintiff alleged to have been occasioned by defendant’s negligence in allowing a farm crossing to become, and remain, in an unsafe and dangerous condition.
Read the full summary
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, in favor of plaintiff, entered upon an order denying a motion for a new trial and directing judgment upon a verdict. This action was brought to recover damages for injuries sustained by plaintiff alleged to have been occasioned by defendant’s negligence in allowing a farm crossing to become, and remain, in an unsafe and dangerous condition. Plaintiff owned a farm through which defendant’s road runs. Her grantor had conveyed to it by warranty deed, without reservation or exception, a strip of land…
1Opinion of the Court
Church, Oh. J.
The principal point relied upon by the appellants is, that it was under no obligation to keep and maintain the farm crossing where the plaintiff was injured, and this is predicated upon the fact that the owner of the land had granted to it an absolute title to a right of way for the railroad across his land, without reservation or exception, which operated as a waiver of the statutory obligation to maintain a farm crossing. The statute (chap. 140, § 44, Laws of 1850), provides that “every corporation formed under this act shall erect and maintain fences on the sides of their…
2Cited by9 opinions
- Jones v. . SeligmanNew York Court of Appeals · 1880
- St. Louis & Belleville Electric Railway Co. v. Gustave VanhoorebekeIllinois Supreme Court · 1901
- Powell v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Missouri · 1908
- Carter v. BarnumNew York Supreme Court · 1898
- Tolbert v. P., B. W.R.R. Co.Court of Appeals of Maryland · 1915
4 more not listed; retrieve them via the Exa API.