Bateman v. Rutland Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Harley S. Bateman, from an order of the Supreme Court, made at the Clinton Trial Term and entered in the office of the cleric of the county of Clinton on the 24th day of Hay, 1907, setting aside the verdict of a jury in favor of the plaintiff and granting a new trial.
1Opinion of the Court
Kellogg, J.:
The plaintiff’s colts and cattle were estrays upon the highway and entered upon the defendant’s track over an alleged defective cattle guard and were in jured by a passing train, and the plaintiff had a verdict for the damages thus sustained, which verdict was set aside by the trial judge.
At the common law, where estrays upon the highway go upon the railroad land and are injured, the company is not responsible for their injury unless it occurred through its reckless, wanton or malicious acts. (Tonawanda R. R. Co. v. Munger, 5 Den. 255; Boyle v. New York, Lake Erie & Western R. R.…
2Cases cited5 opinions
- Tonawanda Rail-Road v. MungerNew York Supreme Court · 1848
- Donnegan v. . ErhardtNew York Court of Appeals · 1890
- Knight v. . N.Y., L.E. W.R.R. Co.New York Court of Appeals · 1885
- Purdy v. . New York New Haven R.R. Co.New York Court of Appeals · 1875
- Boyle v. . New York, Lake Erie and Western Railroad Co.New York Court of Appeals · 1889
3Cited by1 opinion
- Shepard v. Pennsylvania RailroadNew York Supreme Court · 1914