The People v. . the New-York Central Railroad Co.
New York Court of Appeals
Action in the supreme court to recover numerous penalties of twenty dollars each, alleged to have been incurred by the defendant, under § 39 of the general railroad act (Laws of 1850, p. 232), for sundry omissions to ring the bell or sound a steam whistle upon its engines in approaching and crossing a highway.
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Action in the supreme court to recover numerous penalties of twenty dollars each, alleged to have been incurred by the defendant, under § 39 of the general railroad act (Laws of 1850, p. 232), for sundry omissions to ring the bell or sound a steam whistle upon its engines in approaching and crossing a highway. The cause was tried before Mr. Justice Pratt at the Herkimer county circuit in May, 1854. The plaintiff proved that the defendant’s railroad, at the town of Manheim, in the county of Herkimer, crossed over a public highway; and that in October, 1853, the engines and cars of the…
1Opinion of the CourtMarvin, J.
It is provided by § 39 of the general railroad act of 1850, that a bell shall be placed upon each locomotive engine, and be rung at the distance of at least eighty rods from the place where the railroad shall cross any traveled public road or street; or a steam whistle shall be attached to each locomotive engine, and be sounded at least eighty rods from the place where the railroad shall cross any such road or street, except in cities; and be sounded at intervals until it shall have crossed such road or street, under a penalty of $20 for every neglect of the provisions of the section.
It is…
2Cited by21 opinions
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- Matter of Lockport and Buffalo R.R. Co.New York Court of Appeals · 1879
- Buffham v. City of RacineWisconsin Supreme Court · 1870
- Suydam v. . SmithNew York Court of Appeals · 1873
- Quebec Bank v. CarrollSouth Dakota Supreme Court · 1890
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