Legal Opinion

Evans v. Utica & Mohawk Valley Railway Co.

New York County Courts

Decided July 15, 1904PublishedCited by 2 opinions

Appeal from a judgment recovered by plaintiff against defendant before J. P. Gubbins, a justice of the peace of the city of Rome, on the 26th day of August, 1903.

1Opinion of the CourtDunmore, J.

This is an action for negligence. The defendant is a domestic railroad corporation and, at the time of the accident, was operating a line of surface suburban railway between the cities of Rome and Utica. About one and one-half miles west of the village of Oriskany the defendant’s tracks cross a road forming what is known' as “ Kirley’s crossing.” At the time of the accident the defendant’s road was fenced, but there were no cattle guards to prevent cattle from going upon the defendant’s tracks. A cow belonging to plaintiff’s testator went upon defendant’s tracks and was killed. Plaintiff…

2Cases cited1 opinion

  1. Dolan v. Newburgh, Dutchess & Conn. R. R.New York Court of Appeals · 1890

3Cited by2 opinions

  1. Union Traction Co. v. AndersonTennessee Supreme Court · 1921
  2. Kent v. Jamestown Street Railway Co.New York Court of Appeals · 1912

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API