DiCaprio v. New York Central Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Tony DiCaprio, as administrator, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Montgomery on the 15th day of March, 1919, upon a dismissal of the complaint at the close of plaintiff’s case, and also from the order directing a nonsuit.
1Concurrence
Cochrane, J. (concurring):
Section 52 of the Railroad Law (as amd. by Laws of 1915, chap. 281) requiring the railroad company to maintain fences has this provision: “ No railroad need be fenced, when not necessary to prevent horses, [cattle, sheep and hogs from going upon its track from the adjoining lands.” The boy lived on a farm of about 100 acres on which horses and cattle were kept. It appears that some time before this accident a cow had been killed apparently because it strayed from the farm onto the railroad. It would seem, therefore, that a jury might properly have been permitted to…
2Cases cited5 opinions
- Union Pacific Railway Co. v. McDonaldSupreme Court of the United States · 1894
- Amberg v. . KinleyNew York Court of Appeals · 1915
- Donnegan v. . ErhardtNew York Court of Appeals · 1890
- Kelley v. New York State RailwaysNew York Court of Appeals · 1913
- Knight v. New York, Lake Erie & Western RailroadNew York Court of Appeals · 1885