Foster v. Erie Railroad

The above action is now before this court on a motion in behalf of defendant for an order under rule 112 of the Rules of Civil Practice for judgment dismissing the first cause of action of plaintiff’s complaint on the ground that the complaint does not state facts sufficient to constitute a cause of action.

This cause of action is based on the alleged negligence of the defendant in failing to perform its statutory duty to build, maintain and keep in repair a fence along its right-of-way where the same passes through the plaintiff’s premises.

The damage sought in this alleged cause of action is…