Brooks v. New-York & Erie Railroad
New York Supreme Court
This was an appeal by the plaintiff from a judgment of the Tioga county court. The cause was commenced before a justice of the peace, to recover from the defendants the value of two cows and a heifer, which were alledged to have been killed by the careless, negligent and improper conduct of the defendants, by their agents and servants.
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This was an appeal by the plaintiff from a judgment of the Tioga county court. The cause was commenced before a justice of the peace, to recover from the defendants the value of two cows and a heifer, which were alledged to have been killed by the careless, negligent and improper conduct of the defendants, by their agents and servants. It was admitted by the counsel for the defendants that they were an existing railroad corporation, and were such in the month of September, 1850; that during that month the company had locomotive engines and cars running upon their road, under the care and…
1Opinion of the Court
By the Court, Shankland, J.
I think it should be assumed that the justice found that the cattle entered upon the track of the railroad, through the open gate, which led to the brick-kiln across the track of the railway, on the farm of Hollenbeck. The evidence is quite satisfactory, that the cattle entered at that point. It is also to be assumed, as a fact found, that the plaintiff’s cattle had no right to go upon Hollenbeck’s premises, or upon the brick-kiln premises, which was in the occupancy of a tenant.
Under this state of facts, several questions may arise, on the true construction of the…
2Cases cited5 opinions
- Rust v. LowMassachusetts Supreme Judicial Court · 1809
- Wells v. HowellNew York Supreme Court · 1822
- Griffin v. MartinNew York Supreme Court · 1849
- Perkins v. Eastern RailroadSupreme Judicial Court of Maine · 1849
- Waldron v. Rensselaer & Saratoga RailroadNew York Supreme Court · 1850
3Cited by15 opinions
- Clarke v. Ohio River R.West Virginia Supreme Court · 1894
- Corwin v. . the New-York and Erie Railroad Co.New York Court of Appeals · 1855
- Cecil v. Pacific RailroadSupreme Court of Missouri · 1871
- Reynolds v. Great Northern Ry. Co.Court of Appeals for the Eighth Circuit · 1895
- Indianapolis & Cincinnati Railroad v. AdkinsIndiana Supreme Court · 1864
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