Gallagher v. New York & New England Railroad
Supreme Court of Connecticut
Action for the killing of a horse of the plaintiff by a railroad train of the defendant; brought to the Court of Common Pleas of Fairfield County. The defendant suffered a default and was heard in damages before Hall, J. The facts were found and substantial damages were awarded, and the defendant appealed.
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Action for the killing of a horse of the plaintiff by a railroad train of the defendant; brought to the Court of Common Pleas of Fairfield County. The defendant suffered a default and was heard in damages before Hall, J. The facts were found and substantial damages were awarded, and the defendant appealed. The case is fully stated in the opinion. cited—1 Rorer on Railroads, 622; 3 Wood’s Railway Law, 1555, 6; Davis v. Burlington Missouri River R. R. Co., 26 Iowa, 549, 554; Indianapolis & Cincinnati R. R. Co. v. Kinney, 8 Ind., 402, 404; Indianapolis. Peru & Chicago R. R. Co. v. Crandall, 58…
1Opinion of the CourtLoomis, J.
The plaintiff in this case seeks to recover the value of a horse killed by a locomotive engine on the defendant’s railroad track in the town of Brookfield. For a considerable distance at and near the place of the accident the defendant’s track and that of the Housatonic Railroad Company lie side by side, with an intervening space of land fifty feet wide. The defendant’s track is located on the west side of the Housatonic road and nearly parallel therewith. The defendant had erected and maintained a sufficient fence on its west side, where its road abutted on private fields, but on the other…
2Cases cited5 opinions
- Indianapolis & Cincinnati Railroad v. KinneyIndiana Supreme Court · 1857
- Lloyd v. Pacific RailroadSupreme Court of Missouri · 1872
- Davis v. Burlington & Missouri River R. R.Supreme Court of Iowa · 1869
- Indianapolis, Peru & Chicago R. W. Co. v. CrandallIndiana Supreme Court · 1877
- Toledo, Wabash & Western Railway Co. v. ChapinIllinois Supreme Court · 1873
3Cited by8 opinions
- City of Bridgeport v. Town of StratfordSupreme Court of Connecticut · 1955
- Bahre v. HogbloomSupreme Court of Connecticut · 1972
- Taylor v. Baltimore & Ohio RailroadWest Virginia Supreme Court · 1953
- UNION PACIFIC RAILROAD COMPANY v. AdamsNevada Supreme Court · 1961
- Edwards v. Salt Lake Utah R. Co.Utah Supreme Court · 1927
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