Staats v. Hudson River Rail Road
New York Supreme Court
APPEAL from a judgment of the Rensselaer county court, which reversed a judgment of a justice’s court, w'here the plaintiff recovered $75 and costs, against the defendant. The complaint was for killing two of the plaintiff’s cattle on the defendant’s road, a cow in January, 1859, and a bull in October, 1859. It appeared that the cow was running at large and wrongfully on the highway where she was killed as the defendant’s road crossed the highway.
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APPEAL from a judgment of the Rensselaer county court, which reversed a judgment of a justice’s court, w'here the plaintiff recovered $75 and costs, against the defendant. The complaint was for killing two of the plaintiff’s cattle on the defendant’s road, a cow in January, 1859, and a bull in October, 1859. It appeared that the cow was running at large and wrongfully on the highway where she was killed as the defendant’s road crossed the highway. It also appeared that the plaintiff’s bull escaped from his lot adjoining the defendant’s road; that the fence along said lot was insufficient and…
1Opinion of the CourtPeckham, J.
The evidence clearly shows that the cow was wrongfully and negligently on the defendant’s road. In such a case no action lies for her loss. (Munger v. Tonawanda Rail Road Co., 4 N. Y. Rep. 349.)
But for the killing of the bull a proper case was made out; certainly a prima facie case for submission to the jury, and their verdict for damages for his loss could not be disturbed.
A question was made as to the admission of evidence as to the sufficiency of the fence, which the defendant was required to make and maintain. (See Laws of 1854, p. 611, § 8.) A witness (Cheever) was asked by the…
2Cases cited3 opinions
- Munger v. . Tonawanda Railroad Co.New York Court of Appeals · 1850
- Kasson v. MillsNew York Supreme Court · 1852
- Commonwealth v. DerbyMassachusetts Supreme Judicial Court · 1816
3Cited by5 opinions
- Brownell v. . WinnieNew York Court of Appeals · 1864
- Shaw v. DavisNew York Supreme Court · 1870
- Weed v. LeeNew York Supreme Court · 1868
- Brownell v. WinnieNew York Court of Appeals · 1864
- Wallace v. PattersonNew York Supreme Court · 1865