Diamond Brick Co. v. New York Central & Hudson River Railroad
New York Supreme Court
Appeal from circuit court, Rockland county. Action by the Diamond Brick Company against the Hew York Central & Hudson River Railroad Company for damages for the killing of plaintiff’s horse by defendant’s locomotive on the West Shore Railroad, leased and operated by defendant.
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Appeal from circuit court, Rockland county. Action by the Diamond Brick Company against the Hew York Central & Hudson River Railroad Company for damages for the killing of plaintiff’s horse by defendant’s locomotive on the West Shore Railroad, leased and operated by defendant. From a judgment for plaintiff entered on the verdict of a jury, defendant appeals. 2 Rev. St. N. Y. (7th Ed.) p. 1604, § 2, provides that a lessee of a railroad “shall maintain fences on the sides of the road so leased, of the height and strength of a division fence, as required by law, with openings or gates or bars…
1Opinion of the CourtBarnard, P. J.
The West Shore Railroad runs through the farm of Emma Reed. The railroad fenced its track, and left a gate for the use of the farm owners. The Diamond Brick Company, by the permission of the owner, had pastured a horse upon the Reed farm. The field in which the horse was pastured ran back to the railroad. The gate in question was a part of the fencing when it was shut. In September, 1886, the horse got upon the railroad track and was killed by an engine of defendant which operates the West Shore Railroad. The fence was a wire fence four wires high, fastened to upright posts, and was three or…
2Cited by3 opinions
- Connolly v. Central Vermont RailroadAppellate Division of the Supreme Court of the State of New York · 1896
- Swanson v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1900
- Simmons v. Poughkeepsie & Eastern Railway Co.Appellate Division of the Supreme Court of the State of New York · 1896