Kelver v. New York, Chicago & St. Louis Railroad
New York Court of Appeals
Appeal from judgment of the General Term of the Superior Court of the city of Buffalo, entered upon an order made January 15,1891, which affirmed a judgment in favor of plaintiff, entered upon a verdict directed by the court and affirmed .an order denying a motion for a new trial.
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Appeal from judgment of the General Term of the Superior Court of the city of Buffalo, entered upon an order made January 15,1891, which affirmed a judgment in favor of plaintiff, entered upon a verdict directed by the court and affirmed .an order denying a motion for a new trial. This action was brought to recover damages for the killing of plaintiff’s cattle which had strayed upon defendant’s tracks through its failure to maintain fences along its track as required ¡by the statute. The facts, so far as material, are stated in the opinion. The defendant was not bound by law to maintain a…
1Opinion of the CourtAkdbews, J.
The 44tli section of the General Railroad Act of 1850, imposed upon every railroad company organized *367thereunder an absolute duty to erect and maintain fences on the sides of its road, and made the corporation liable for all injuries done by its “ agents or engines ” to cattle or other animals thereon until such fences shall have been made. This absolute duty was modified by section 8 of chapter 282 of the Laws of 1854, which was an act amending the act of 1850, and which section substantially re-enacted section 44 of the original act, but added thereto this provision, “ that no railroad…
2Cases cited2 opinions
- Shepard v. Buffalo, New York & Erie RailroadNew York Court of Appeals · 1866
- Dolan v. Newburgh, Dutchess & Conn. R. R.New York Court of Appeals · 1890
3Cited by1 opinion
- Curran v. Chicago & Western Indiana RailroadIllinois Supreme Court · 1919