Ryan v. Rochester & Syracuse Railroad
New York Supreme Court
Demurrer to complaint. The complaint contained two counts, or statements of causes of action. The first alleged that the plaintiff, on the 7th July, 1852, at Arcadia, in the county of Wayne, was lawfully upon certain lands of the defendants, at labor, near to and beneath a steep bank of earth, which was near to and adjoining a certain field of one Johnson Van Harter; that the defendants were, by reason of their possession of said lands first described, and otherwise, bound…
Read the full summary
Demurrer to complaint. The complaint contained two counts, or statements of causes of action. The first alleged that the plaintiff, on the 7th July, 1852, at Arcadia, in the county of Wayne, was lawfully upon certain lands of the defendants, at labor, near to and beneath a steep bank of earth, which was near to and adjoining a certain field of one Johnson Van Harter; that the defendants were, by reason of their possession of said lands first described, and otherwise, bound to erect and maintain a fence between their said lands and the said field of said Van Harter, to prevent the escape of…
1Opinion of the Court
Welles, Justice.
The gist of the action is the neglect of the defendants to erect and maintain a fence between their land and the land of Van Harter, in consequence of which the *455horse of the latter escaped, from the field of its owner to the defendants’ land, and fell down a precipice upon the plaintiff, and injured him, he being lawfully there, &c.
The complaint alleges that the defendants were, by reason of their possession of their said lands and otherwise, bound to erect and maintain a fence between their said lands and the said land of Van Marter.
If any liability exists, it grows out of…
2Cases cited1 opinion
- Bronk v. BeckerNew York Supreme Court · 1837