Brace v. . New York Central Railroad Company
New York Court of Appeals
Appeal from, the Supreme Court. Action to recover the value of a horse, killed by the defendant’s locomotive; in the unincorporated village of Grasport, in the town of Royalton, Niagara county. At the trial, these facts appeared: The village is some six miles east of Lockport, upon the Erie canal, and the defendant’s road passes through it.
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Appeal from, the Supreme Court. Action to recover the value of a horse, killed by the defendant’s locomotive; in the unincorporated village of Grasport, in the town of Royalton, Niagara county. At the trial, these facts appeared: The village is some six miles east of Lockport, upon the Erie canal, and the defendant’s road passes through it. There is a highway or street, called the “ Town Line Road,” running north and south, across the railroad, the “State Road,” so called, and the canal; and it is the principal street or highway. The canal, State road, and railroad, run nearly east and west,…
1Opinion of the Court
By the statute, the defendant was required to "construct and maintain cattle guards at all road crossings, suitable and sufficient to prevent cattle and animals from getting on to the railroad;" and it is declared, that until such cattle guards shall be duly made, the corporation and its agents shall be liable for all damages which shall be done by their agents or engineers, to cattle, horses or other animals thereon." (Sess. Laws 1850, p. 233, § 44.)
The position of the defendant's counsel is, that the "Town Line Road" was a street, and that the statute has no application to a street, in a…
2Cases cited2 opinions
- Parker v. Rensselaer & Saratoga RailroadNew York Supreme Court · 1853
- Vanderkar v. Rensselaer & Saratoga RailroadNew York Supreme Court · 1851
3Cited by14 opinions
- Strange v. Board of CommissionersIndiana Supreme Court · 1910
- Tracy v. . the Troy and Boston R.R. Co.New York Court of Appeals · 1868
- Kansas Pacific Rly. Co. v. MowerSupreme Court of Kansas · 1876
- Greeley v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1885
- Armstrong v. Johnson Storage & Moving Co.Supreme Court of Colorado · 1928
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