Bulkley v. New York & New Haven Railroad
Supreme Court of Connecticut
Action on the case, for damage to the plaintiff’s cows, which were run over by the defendants’ cars. The negligence averred was that of not keeping up cattle-guards at a place where the railroad crossed a public highway, in consequence of which neglect the cows were able to pass and did pass .from the highway upon and along the track of the railroad, where they were killed by a night train.
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Action on the case, for damage to the plaintiff’s cows, which were run over by the defendants’ cars. The negligence averred was that of not keeping up cattle-guards at a place where the railroad crossed a public highway, in consequence of which neglect the cows were able to pass and did pass .from the highway upon and along the track of the railroad, where they were killed by a night train. It was not claimed that the defendants were guilty of any want of care in the running of the cars. The 3d section of an act passed in the year 1850 on the subject of railroads is as follows: “ All railroad…
1Opinion of the CourtEllsworth, J.
The principal question in this case is one about which we are entirely agreed, to wit, that the third section of the act of. 1850 applies to the defendants’ road, although they were incorporated prior to the passage of the act. Whether we consider the language of the act or its spirit and object, we are satisfied that it must be so understood and applied; and since the defendants’ charter is subject to alteration, amendment and repeal, at the pleasure of the General Assembly, there does not seem to be the slightest ground for an objection to this conclusion. It is not a case of the taking…
2Cited by8 opinions
- Fair Haven & Westville Railroad v. City of New HavenSupreme Court of Connecticut · 1903
- Kansas Pacific Rly. Co. v. MowerSupreme Court of Kansas · 1876
- State v. PoplowskiSupreme Court of Connecticut · 1926
- New York & New England Railroad v. City of WaterburySupreme Court of Connecticut · 1891
- Pearson v. Milwaukee & St. Paul R. Co.Supreme Court of Iowa · 1877
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