Staats v. Hudson River Railroad
New York Court of Appeals
Appeal from a judgment of the Supreme' Court, in the third district, affirming a judgment in favor of the defendants, rendered upon the decision of a single judge. The action was brought to recover the value of a horse owned by the plaintiffs’ testator, which was run over by a train of cars on the defendants’ railroad, and killed.
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Appeal from a judgment of the Supreme' Court, in the third district, affirming a judgment in favor of the defendants, rendered upon the decision of a single judge. The action was brought to recover the value of a horse owned by the plaintiffs’ testator, which was run over by a train of cars on the defendants’ railroad, and killed. The defendants’ road runs through lands that were owned by the testator, and, at the time of the accident, fences were erected on each side of the road. On the evening before the injury, the horse was in a pasture adjoining the road, and during the night he escaped…
1Opinion of the CourtSmith, J.
The only question is, whether it was the duty of the defendants to keep the gate in repair. The plaintiffs claim, that the duty was imposed upon the defendants by the statute of 1850, known as the general railroad act, and, if not thereby, then by the eighth section of chapter 282 of the laws of 1854, amending the act of 1850.»
The 44th section of the act of 1850 expressly imposes upon all railroad corporations, to which it applies, the duty of erecting and maintaining fences on the sides of then road, with openings or gates or bars therein, for the use of the proprietors of the adj oining…
2Cases cited2 opinions
- Visscher v. Hudson River RailroadNew York Supreme Court · 1853
- Clarkson v. . the Hudson River Railroad Co.New York Court of Appeals · 1855
3Cited by5 opinions
- Kansas Pacific Rly. Co. v. MowerSupreme Court of Kansas · 1876
- State, Delaware, Lackawanna & Western Railroad v. East OrangeSupreme Court of New Jersey · 1879
- Fanning v. Long Island RailroadNew York Supreme Court · 1874
- Gerould v. WilsonNew York Supreme Court · 1879
- Schieffelin v. McClellanAppellate Division of the Supreme Court of the State of New York · 1909