Parker v. Rensselaer & Saratoga Railroad
New York Supreme Court
This was an appeal from a judgment rendered by a justice of the peace of Saratoga county. The county judge being disqualified, certified the appeal to this court.
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This was an appeal from a judgment rendered by a justice of the peace of Saratoga county. The county judge being disqualified, certified the appeal to this court. The action was brought to recover the value of a*cow, killed on the defendant’s railroad, in the village of Saratoga Springs, about the 1st of March, 1851. The complaint before the justice was as follows: “ Plaintiff complains against defendants for willfully and negligently killing, wounding and maiming the plaintiff’s cow, on their railroad, in the village of Saratoga Springs; defendants having no cattle guards, as required by…
1Opinion of the Court
By the Court, C. L. Allen, J.
The first point raised by the counsel for the appellant is that the plaintiff failed to show the defendants to be the owners of the road upon which the injury happened. The act incorporating the defendants, (Laws of 1832, ch. 131,) terminated their road at Ballston; and it would seem from this, that the injury, if occasioned by want of cattle-guards or fences, was properly chargeable to the Saratoga and Schenectady Railroad Company, on whose road it happened. The 44th section of chapter 140, of laws of 1850, requires every corporation formed under the act, to…
2Cases cited1 opinion
- Vanderkar v. Rensselaer & Saratoga RailroadNew York Supreme Court · 1851
3Cited by9 opinions
- Place v. . MinsterNew York Court of Appeals · 1875
- Brace v. . New York Central Railroad CompanyNew York Court of Appeals · 1863
- Fontaine v. Southern Pac. R.R.California Supreme Court · 1880
- Macumber v. White River Log & Booming Co.Michigan Supreme Court · 1883
- Coyle v. Third Avenue RailroadAppellate Terms of the Supreme Court of New York · 1896
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