Kelver v. New York, Chicago & St. Louis Railroad
The Superior Court of New York City
ppeal from judgment in favor of plaintiff. This actión was brought to recover the value of two heifers which were killed on the defendant’s railroad in the city of Buffalo by being struck by an engine. There was judgment for the plaintiff. It was alleged and proved that the company failed to erect and maintain fences on the sides of its railroad.
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ppeal from judgment in favor of plaintiff. This actión was brought to recover the value of two heifers which were killed on the defendant’s railroad in the city of Buffalo by being struck by an engine. There was judgment for the plaintiff. It was alleged and proved that the company failed to erect and maintain fences on the sides of its railroad. At the point where ■the heifers were killed, there were the tracks of five different railroads contiguous to one another, that of the defendant being a middle one.
1Opinion of the Court
Beckwith, Ch. J.
The statute, according to the construction it has received from the court of appeals, does not allow an inquiry whether the lands adjoining the railroad are farming lands, or lands upon which it might be expected that cattle or other animals would not be allowed to run; and there is not often a case where it would be proper to leave it to a jury to say that a fence was or was not necessary, Shepard v. Buffalo, N. Y. & Erie R. R. Co., 35 N. Y., 641; Corwin v. N. Y. & Erie R. Co., 13 id., 42; Brace v. N. Y. C. R. Co., 27 id., 269; Tracy v. The Troy & Boston R. Co., 38 id., 433;…
2Cases cited2 opinions
- Shepard v. Buffalo, New York & Erie RailroadNew York Court of Appeals · 1866
- Dolan v. Newburgh, Dutchess & Conn. R. R.New York Court of Appeals · 1890