Connolly v. Central Vermont Railroad
Appellate Division of the Supreme Court of the State of New York
■ Appeal by the defendant, The. Central Vermont .Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Franklin on the 20th day of March, 1895, upon the verdict of a jury rendered after a trial at the Franklin' Circuit, and also from an order entered in said clerk’s office on the 15th day of March, 1895, denying the ■defendant’s motion for a new trial made upon the minutes.
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■ Appeal by the defendant, The. Central Vermont .Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Franklin on the 20th day of March, 1895, upon the verdict of a jury rendered after a trial at the Franklin' Circuit, and also from an order entered in said clerk’s office on the 15th day of March, 1895, denying the ■defendant’s motion for a new trial made upon the minutes. This action was brought to recover the damages caused by the killing of certain horses of the plaintiff on the railroad tracks of the…
1Opinion of the Court
Putnam, J.:
The plaintiff’s horses, at seven o’clock on the evening of April 15, 189.4, were at the farm of his son, Jerry Connolly. During the night they strayed to the pasture of one Cushing, a mile and a half distant, .and from the pasture through an open barway on the south side of defendant’s railroad on to its tracks, where they were struck by an engine and killed. There was sufficient evidence produced to justify a finding by the jury that the barway had remained open during the preceding winter and up to within a week of the accident, and it was not denied that it was open on the night…
2Cases cited5 opinions
- Elwood v. . the Western Union Telegraph Co.New York Court of Appeals · 1871
- Chapman v. New York Central Rail RoadNew York Court of Appeals · 1865
- Spinner v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1876
- Dayton v. New York, L. E. & W. R.New York Supreme Court · 1894
- Diamond Brick Co. v. New York Central & Hudson River RailroadNew York Supreme Court · 1890
3Cited by5 opinions
- Hildebrand v. Chicago B. & Q. R. R.Wyoming Supreme Court · 1933
- Slomka v. Nassau Electric RailroadAppellate Division of the Supreme Court of the State of New York · 1920
- Magilton v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1896
- Magilton v. New York Central & Hudson River RailroadAppellate Division of the Supreme Court of the State of New York · 1896
- Rubein v. Brooklyn Heights RailroadAppellate Division of the Supreme Court of the State of New York · 1901