Marsh v. New-York & Erie Railroad
New York Supreme Court
This was an appeal by the defendants from a judgment of the Orange county court. The action was originally commenced before a justice of the peace, to recover the value of a cow belonging to the plaintiff, killed by the engine of the defendants, upon their road, in April, 1850. The plaintiff claimed to recover on the ground of the defendants’ neglect to fence their road at the place where the cow was killed.
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This was an appeal by the defendants from a judgment of the Orange county court. The action was originally commenced before a justice of the peace, to recover the value of a cow belonging to the plaintiff, killed by the engine of the defendants, upon their road, in April, 1850. The plaintiff claimed to recover on the ground of the defendants’ neglect to fence their road at the place where the cow was killed. The defendants, in their answer, denied the allegations in the complaint, and gave notice that they would prove the cow killed was, at the time, unlawfully on the railroad track, and was…
1Opinion of the CourtS. B. Strong, J.
The 42d section of the 140th chapter of the laws of 1848, and the 44th section of the 140th chapter of the laws of 1850, are applicable to the defendants. The act by which they were incorporated, (Laws of 1832, p. 409, § 21,) expressly reserved to the legislature the power to alter, modify or repeal it; and without such express reservation the power would have been retained to make such provisions in reference to the newly created corporation, as the public safety might require ; and the requisition that railway companies shall fence their roads, is one of that character. The sections of the…
2Cases cited6 opinions
- Tonawanda Rail-Road v. MungerNew York Supreme Court · 1848
- Rathbun & West v. PayneNew York Supreme Court · 1838
- Suydam v. MooreNew York Supreme Court · 1850
- In re Rensselaer & Saratoga RailroadNew York Court of Chancery · 1834
- Waldron v. Rensselaer & Saratoga RailroadNew York Supreme Court · 1850
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Corwin v. . the New-York and Erie Railroad Co.New York Court of Appeals · 1855
- Lafayette & Indianapolis Railroad v. ShrinerIndiana Supreme Court · 1855
- Richmond v. Sacramento Valley R.R.California Supreme Court · 1861
- Atchison, Topeka & Santa Fé Railroad v. RiggsSupreme Court of Kansas · 1884
- Terry v. New York Central Rail RoadNew York Supreme Court · 1855
5 more not listed; retrieve them via the Exa API.