Magilton v. New York Central & Hudson River Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal from, trial term, Greene county. Action by William H. Magilton against the New York Central & Hudson River Railroad Company for killing a horse. From a judgment entered on a verdict in favor of plaintiff, and from an order denying a motion for a new trial made on the minutes, defendant appeals.
1Opinion of the CourtLandon, J.
On August 21, 1893, the plaintiff’s horse strayed upon defendant’s tracks from plaintiff’s pasture, adjoining defendant’s railroad, through an open gate forming part of the division fence between plaintiff’s land and defendant’s railroad, and was killed by defendant’s engine. Upon the trial the plaintiff disclaimed recovery upon any other ground than that of defendant’s violation of the statute imposing upon it the duty to—
“Erect and thereafter maintain fences on the sides of its road of height and strength sufficient to prevent cattle," horses, sheep and hogs from going upon its road from…
2Cases cited10 opinions
- Taylor v. . City of YonkersNew York Court of Appeals · 1887
- Searles v. . Manhattan Railway CompanyNew York Court of Appeals · 1886
- Corwin v. . the New-York and Erie Railroad Co.New York Court of Appeals · 1855
- Bond v. . SmithNew York Court of Appeals · 1889
- Shepard v. Buffalo, New York & Erie RailroadNew York Court of Appeals · 1866
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