Legal Opinion

Davison v. Delaware, Lackawanna & Western Railroad

Appellate Division of the Supreme Court of the State of New York

Decided November 17, 1909PublishedCited by 1 opinion

Appeal by the defendant, The Delaware, Lackawanna and Western Bailroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Steuben on the 24th day of October, 1908, upon the verdict of a jury for $500, rendered by direction of the court, and also from an order entered in said clerk’s office on the 20th day of October, 1908, denying the defendant’s motion for a new trial made upon the minutes.

1Opinion of the Court

Kruse, J.:

The plaintiff’s colt strayed upon the defendant’s railroad and was killed by the cars. The action is brought to recover the value of the colt. The trial court directed a verdict in favor of the plaintiff, to which the, defendant excepted, which presents the only question for review on this appeal.

The rights of way of the defendant and the Erie Eailroad Company adjoin each other; the tracks of the two railroad companies running substantially parallel where the accident occurred. The distance between the tracks of the two companies is stated by the witnesses to be from about 50 to 150…

2Cases cited1 opinion

  1. Kelver v. New York, Chicago & St. Louis R. R. Co.New York Court of Appeals · 1891

3Cited by1 opinion

  1. Leary v. Cleveland, Cincinnati, Chicago & St. Louis Railway Co.Indiana Court of Appeals · 1919

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