Legal Opinion

Graham v. President of the Delaware & Hudson Canal Co.

New York Supreme Court

Decided November 15, 1887Published

Appeal from a judgment in favor of tlie plaintiffs, entered in Washington county, upon the verdict £>f a jury, and from an order •denying a motion for a new trial made upon tne minutes of the justice before whom tlie action was tried

1Opinion of the Court

Landon, J.:

The statute (chap. 282, § 8, Laws 1854) provides that “.every railroad corporation * * * shall * * * erect, and thereafter maintain, fences on the sides of their roads, of the height and strength of a division fence as required by law.” The plaintiffs owned and used as a pasture the lot of land adjoining the defendant’s railroad. TJiere.was a deep rock cut, through'which the railroad was laid along a portion of this pasture lot. The defendant did not erect or maintain a fence on the side of its road where this cut was. The plaintiffs’ horse, being in the pasture lot, fell down into…

2Cases cited9 opinions

  1. Corwin v. . the New-York and Erie Railroad Co.New York Court of Appeals · 1855
  2. Brown v. . the Buffalo and State Line Railroad CompanyNew York Court of Appeals · 1860
  3. Jessup v. . CarnegieNew York Court of Appeals · 1880
  4. Jones v. . SeligmanNew York Court of Appeals · 1880
  5. Smith v. Lockwood & WoodNew York Supreme Court · 1852

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