Bell v. Erie Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Erie Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Rockland on the 15th day of January, 1918, upon the decision of the court after a trial at the Rockland Special Term.
1Opinion of the Court
Jenks, P. J.:
The court found the facts as “ stipulated,” and concluded that the defendant was liable because it was “ negligent ” (1) “ in not erecting and maintaining fences along its right of way, according to law,” and (2) “ wantonly and grossly negligent in not stopping or attempting to stop or slacken the speed of its train when the cows were observed on the track by the engineer operating the train, in order to avoid striking them.” I think that the proof did not justify either conclusion.
1. The proof shows that at the time of the casualty there was a fence, for the agreed facts are…
2Cases cited16 opinions
- Miller v. . ClaryNew York Court of Appeals · 1913
- Corwin v. . the New-York and Erie Railroad Co.New York Court of Appeals · 1855
- Illinois Central Railroad v. NobleIllinois Supreme Court · 1892
- Shepard v. Buffalo, New York & Erie RailroadNew York Court of Appeals · 1866
- Bemis v. Connecticut & Passumpsic Rivers RailroadSupreme Court of Vermont · 1869
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