Whaley v. . Erie Railroad Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered ¡November 27, 1903, which affirmed a judgment of the Wyoming County Court affirming a judgment of a Justice’s ■Court in favor of plaintiff. The nature of the action and the facts, so far as material, ■are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered ¡November 27, 1903, which affirmed a judgment of the Wyoming County Court affirming a judgment of a Justice’s ■Court in favor of plaintiff. The nature of the action and the facts, so far as material, ■are stated in the opinion. The statutory duty of the defendant was to erect and maintain fences on the sides of its road with farm crossings and openings, with gates therein at such farm crossings whenever and wherever reasonably necessary for the use of the owners and occupants of…
1Opinion of the CourtGray, J.
The plaintiff recovered a judgment, in the court of a Justice of the Peace, for the loss of some cows, which were killed upon the track of the defendant. The judgment, was affirmed in the County Court of Wyoming county and the Appellate Division, in the fourth department, having further affirmed the judgment by a divided court, has certified the case to this court.
It appears from the evidence adduced by the plaintiff that her cows broke down the line fence, in the night, which separated her farm from that of her neighbor, a man named Quale, and, straying through his farm, passed by an open…
2Cases cited2 opinions
- Chapman v. New York Central Rail RoadNew York Court of Appeals · 1865
- Spinner v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1876