Legal Opinion

Butin v. New York Central & Hudson River Railroad

Appellate Division of the Supreme Court of the State of New York

Decided December 15, 1904PublishedCited by 1 opinion

Appeal by the defendant, The New York Central and Hudson River Railroad Company, from a judgment of the County Court of Onondaga county, entered in the office of the clerk of the county of Onondaga on the 3d day of August, 1904, upon an order entered in said clerk’s office on the 3d day of.

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Appeal by the defendant, The New York Central and Hudson River Railroad Company, from a judgment of the County Court of Onondaga county, entered in the office of the clerk of the county of Onondaga on the 3d day of August, 1904, upon an order entered in said clerk’s office on the 3d day of. August, 1904, affirming a judgment of the Municipal Court of the city of Syracuse in favor of the plaintiffs, entered in the office of the clerk of said court' on the 3d day of June, 1904, and also from the said order of the County Court affirming the judgment of the Municipal Court.

1Opinion of the Court

Stover, J.:

The action is to recover for injuries to a horse by reason of the negligence of defendant in allowing the crossing at a street intersection in the city of Syracuse to become out of repair. The horse while being driven over the crossing stepped into a hole next to the inside of the rail of defendant’s track and was injured. The defense is that by reason of an agreement between the city of Syracuse and defendant the defendant was relieved of all liability to maintain or repair the crossing in question.

The agreement in question was made on July 16, 1892, and recited agreements…

2Cases cited2 opinions

  1. Masterson v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1881
  2. Binninger v. . City of New YorkNew York Court of Appeals · 1904

3Cited by1 opinion

  1. Albahae v. Catskill Mountain RailroadAppellate Division of the Supreme Court of the State of New York · 2000

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