Staats v. Hudson River Railroad
New York Court of Appeals
Philip S. Staats sued defendants, to recover damages for running over Ms horse, which escaped from its pasture, through a gate that was out of repair, upon the track.
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Philip S. Staats sued defendants, to recover damages for running over Ms horse, which escaped from its pasture, through a gate that was out of repair, upon the track. The company’s charter (L. 1846, c. 216, § 24), contained the following clause: “ Said corporation, before running any cars upon the said railroad, shall erect and thereafter maintain upon the sides thereof ... a fence of such height and strength as is by law required, as a division fence, . . . but this section shall not prevent persons owning or occupying lands adjoining the said road from erecting at proper and convenient…
1Opinion of the Court
By the Court.
James C. Smith, 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 section 8 of chapter 282 of Laws of 1854, amending the act of 1850.
Section 44 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 their road, with openings or gates or bars therein, for the use of the proprietors of the…
2Cases cited3 opinions
- Corwin v. . the New-York and Erie Railroad Co.New York Court of Appeals · 1855
- Visscher v. Hudson River RailroadNew York Supreme Court · 1853
- Clarkson v. . the Hudson River Railroad Co.New York Court of Appeals · 1855