Terry v. New York Central Rail Road
New York Supreme Court
HIS was an appeal from a judgment of the county court of Genesee county, reversing a judgment of a justice’s court. The action was brought in the justice’s court, in February, 1853, by Van Rensselaer Terry against the rail road company, to recover damages for killing a horse. In his complaint the plaintiff alleged that the defendants were a rail- road company, existing and transacting business under the statutes of this state.
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HIS was an appeal from a judgment of the county court of Genesee county, reversing a judgment of a justice’s court. The action was brought in the justice’s court, in February, 1853, by Van Rensselaer Terry against the rail road company, to recover damages for killing a horse. In his complaint the plaintiff alleged that the defendants were a rail- road company, existing and transacting business under the statutes of this state. That on the 8th day of December, 1853, at Batavia, the plaintiff owned a valuable horse, which, on that day, the' defendants by their servants and agents carelessly and…
1Opinion of the Court
By the Court, Mullett, J.
A correct understanding of the subject brought before us by this appeal may require some examination of the common law rules regulating the rights, duties and liabilities of adjoining land owners, in reference to partition *579fences. At common law the owner of land was not obliged to fence against the beasts of an adjoining close, but he was at his peril to keep his own cattle on his own premises, and to prevent them from escaping; and if they escaped, they might be taken, on whatever land they might be found, damage feasant ; or the owner was liable to an action of…
2Cases cited10 opinions
- Tonawanda Rail-Road v. MungerNew York Supreme Court · 1848
- Haring v. New-York & Erie RailroadNew York Supreme Court · 1852
- Spencer v. Utica & Schenectady Raid-RoadNew York Supreme Court · 1849
- Willetts v. Buffalo & Rochester RailroadNew York Supreme Court · 1853
- Talmadge v. Rensselaer & Saratoga RailroadNew York Supreme Court · 1852
5 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Washington v. B. & O. R. R.West Virginia Supreme Court · 1880
- Pittsburgh, Cincinnati & St. Louis Railway Co. v. HixonIndiana Supreme Court · 1887
- Schultz v. Pacific RailroadSupreme Court of Missouri · 1865
- Indianapolis & Cincinnati Railroad v. ParamoreIndiana Supreme Court · 1869
- Evansville & Crawfordsville Railroad v. LowdermilkIndiana Supreme Court · 1860
7 more not listed; retrieve them via the Exa API.