Legal Opinion

Vanderkar v. Rensselaer & Saratoga Railroad

New York Supreme Court

Decided July 7, 1851PublishedCited by 9 opinions

Appeal by the defendants from a judgment of the Saratoga county court. The suit was commenced before a justice of the peace to recover the value of a hog, thrown off a bridge, in the village of Waterford, by the engine of the defendants and killed.

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Appeal by the defendants from a judgment of the Saratoga county court. The suit was commenced before a justice of the peace to recover the value of a hog, thrown off a bridge, in the village of Waterford, by the engine of the defendants and killed. The complaint alledged that the defendants were a body corporate and politic, organized under' chapter 131 of the laws of the state of New-York, passed April 14,1832, and the several acts amending the same; that said defendants had existed and carried on business in their corporate capacity, as a railroad corporation, for the last four or five…

1Opinion of the Court

By the Court, Hand, J.

The complaint in this case does not make any charge of negligence in the management of the engine, or in running upon the road, as producing the accident; but puts the cause upon the naked point that there should have been a guard, or what is called a cattle-guard, at the entrance upon the bridge at the end of Second-street in Waterford. The defendants insist that the bridge furnished a passage way to the people on Hauver island. But I find nothing in their charter that requires the defendants to furnish such way; and if the law require a cattle-guard at this place, the…

2Cited by9 opinions

  1. James v. Oakland Traction Co.California Court of Appeal · 1909
  2. McDermott v. Board of Police for Metropolitan Police DistrictNew York Supreme Court · 1857
  3. Brace v. . New York Central Railroad CompanyNew York Court of Appeals · 1863
  4. Parker v. Rensselaer & Saratoga RailroadNew York Supreme Court · 1853
  5. Reinhardt v. FritzscheNew York Supreme Court · 1893

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