Boyle v. New York, Lake Erie & Western Railroad
New York Supreme Court
Appeal from a judgment in tbe plaintiff’s favor for the sum of $692 damages and $131.85 costs, entered upon a verdict rendered at the Cattaraugus Circuit, aud from an order denying the defendant’s motion for a new trial founded upon the minutes of the trial court. The action was for damages caused by the defendant’s having, as alleged, negligently killed three of the plaintiff’s horses by running over the same with one of its engines.
1Opinion of the Court
Barker, J.:
The plaintiff’s horses escaped from his pasture field on to the defendant’s tracks, and were there run over and killed, by a passing train of cars. The evidence tended to show that the fence between the pasture and the tracks, which was for the defendant to support and maintain, -was out of repair and not of the height and strength required by statute, and had been so for some time previous to the accident, and that in consequence thereof the horses escaped from the plaintiff’s inclosure. The defendant’s evidence tended to rebut and contradict the plaintiff’s proofs on this point,…
2Cases cited8 opinions
- Nicholson v. . the Erie Railway Co.New York Court of Appeals · 1870
- Tonawanda Rail-Road v. MungerNew York Supreme Court · 1848
- Darling v. Boston & Albany RailroadMassachusetts Supreme Judicial Court · 1876
- Bemis v. Connecticut & Passumpsic Rivers RailroadSupreme Court of Vermont · 1869
- Maynard v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1874
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