Knight v. New York, Lake Erie & Western Railroad
New York Court of Appeals
Appeal from order of the General Term of the Supreme Court, in the second judicial department, made September 11, 1883, which reversed an order of Special Term, setting aside a verdict and granting a new trial, and which directed judgment upon the verdict. (Reported below 30 Hun, 415.) The nature of the action and the material facts are stated in the opinion. The obligation to fence is of purely statutory creation.
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Appeal from order of the General Term of the Supreme Court, in the second judicial department, made September 11, 1883, which reversed an order of Special Term, setting aside a verdict and granting a new trial, and which directed judgment upon the verdict. (Reported below 30 Hun, 415.) The nature of the action and the material facts are stated in the opinion. The obligation to fence is of purely statutory creation. (Holladay v. Marsh, 3 Wend. 142; Stafford v. Ingersoll, 3 Hill, 38; Ryan v. R. R. Co., 9 How. Pr. 453; Tonawanda R. R. Co. v. Munger, 5 Den. 255; 4 N. Y. 396; Corwin v. R. R. Co.,…
1Opinion of the CourtRapallo, J.
The plaintiff turned his two horses, one an old horse and the other a three-year old colt, into the highway upon which his barn was situated, in order that they might go to a trbugh in a neighboring field to drink. After drinking they returned to the barn-yard, but, the barn-yard gate being still open, the colt wheeled and ran out again and the old horse followed, and both ran down the highway toward the canal. *28The plaintiff pursued them and they turned to the left into the path along the canal and ran on the railroad track through a gap in the railroad fence. They then ran along the railroad…
2Cited by7 opinions
- Jimerson v. . Erie R.R. Co.New York Court of Appeals · 1911
- Railroad v. SadlerTennessee Supreme Court · 1892
- DiCaprio v. New York Central RailroadAppellate Division of the Supreme Court of the State of New York · 1919
- DiCaprio v. New York Central RailroadAppellate Division of the Supreme Court of the State of New York · 1919
- Gonsenhauser v. New York Central RailroadAppellate Division of the Supreme Court of the State of New York · 1959
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