Waldron v. Rensselaer & Saratoga Railroad
New York Supreme Court
This was an appeal from the Saratoga county court. The action was commenced against the defendants in a justice’s court, and was for killing a horse of the plaintiffs by running over him with an engine and train of cars. All the material allegations in the plaintiff’s complaint were denied by the defendants in their answer.
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This was an appeal from the Saratoga county court. The action was commenced against the defendants in a justice’s court, and was for killing a horse of the plaintiffs by running over him with an engine and train of cars. All the material allegations in the plaintiff’s complaint were denied by the defendants in their answer. The defendants further in their answer averred that the horse (if injured by the defendants) was at the time when, &c. wrongfully on the defendants’ road, and that they were not bound to fence against him ; and that the injury was occasioned by the negligence, carelessness…
1Opinion of the Court
By the Court, Willard, J.
Patrick, a Witness called by the plaintiff, having testified that he was engaged as engineer, upon the defendant’s railroad a part of the summer of 1848, was asked whether he had heard of the occurrence of a horse being killed that fall, near Robert Powers’. This question was objected to and admitted by the justice. The plaintiff claimed a right to ask it in order to ascertain a point of time. I see no objection to the question. Nothing is more common on a trial than to ask the witness if he remembers an occurrence, of which he could have no knowledge but from the…
2Cases cited1 opinion
- Rathbun & West v. PayneNew York Supreme Court · 1838
3Cited by8 opinions
- Gorman v. Pacific RailroadSupreme Court of Missouri · 1858
- Corwin v. . the New-York and Erie Railroad Co.New York Court of Appeals · 1855
- Kansas Pacific Rly. Co. v. MowerSupreme Court of Kansas · 1876
- Brooks v. New-York & Erie RailroadNew York Supreme Court · 1862
- Richmond v. Sacramento Valley R.R.California Supreme Court · 1861
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