Neversorry v. Duluth, South Shore & Atlantic Railway Co
Michigan Supreme Court
Error to Chippewa; Steere, J. Case by Harriett Neversorry against the Duluth, South Shore & Atlantic Railway Company for killing stock. From a judgment for plaintiff, defendant brings error. Three horses belonging to plaintiff were killed upon the defendant’s right of way by one of its trains. Recovery was based upon the failure of the defendant to maintain proper fences. One David Crowley owned 160 acres of land, through which defendant’s road passed.
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Error to Chippewa; Steere, J. Case by Harriett Neversorry against the Duluth, South Shore & Atlantic Railway Company for killing stock. From a judgment for plaintiff, defendant brings error. Three horses belonging to plaintiff were killed upon the defendant’s right of way by one of its trains. Recovery was based upon the failure of the defendant to maintain proper fences. One David Crowley owned 160 acres of land, through which defendant’s road passed. By an arrangement between Crowley and the company, two openings were made in the fences on each side of the track, and opposite Crowley’s…
1Opinion of the CourtGrant, J.
(after stating the facts). 1. The principal defense urged is that pail road companies and adjacent landowners may contract as to the character of fences, bars, or gates to be provided at farm crossings; and that, when they do so agree, the company is not liable for the loss of animals which enter the right of way through such fences, bars, or gates, and are injured or killed. At the request of defendant, the court instructed the jury as follows :
“If plaintiff’s horses got onto the railroad track by reason of the bars in front of Mr. Crowley’s being put down, either by Mr. Crowley or some one…
2Cases cited8 opinions
- Flint & Pere Marquette Railway Co. v. LullMichigan Supreme Court · 1874
- Williams v. Michigan Central RailroadMichigan Supreme Court · 1851
- Bay City & East Saginaw Railroad v. AustinMichigan Supreme Court · 1870
- Enright v. The S.F. & San Jose R.R.California Supreme Court · 1867
- Continental Improvement Co. v. PhelpsMichigan Supreme Court · 1882
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Peter v. Chicago & West Michigan Railway Co.Michigan Supreme Court · 1899
- Sylvester v. Grand Rapids Bookcase Co.Michigan Supreme Court · 1912
- Geerds v. Ann Arbor RailroadMichigan Supreme Court · 1914
- Pluym v. Illinois Central RailroadAppellate Court of Illinois · 1921
- Bell v. Erie RailroadAppellate Division of the Supreme Court of the State of New York · 1918
1 more not listed; retrieve them via the Exa API.