Cressey v. Northern Railroad
Supreme Court of New Hampshire
Case, for killing the plaintiff’s mare, through the neglect of the defendants to maintain a sufficient fence between their railroad and the highway. The plaintiff, knowing the want of a fence, turned his mare into the highway to feed, and she wandered at large and unattended in the highway within the limits of the plaintiff’s farm and upon the railroad, and was overtaken by the defendants’ cars and killed.
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Case, for killing the plaintiff’s mare, through the neglect of the defendants to maintain a sufficient fence between their railroad and the highway. The plaintiff, knowing the want of a fence, turned his mare into the highway to feed, and she wandered at large and unattended in the highway within the limits of the plaintiff’s farm and upon the railroad, and was overtaken by the defendants’ cars and killed. The plaintiff requested the court to instruct the jury, that if the mare wandered from the highway to the railroad track, through the defendants’ neglect to keep a sufficient fence, and was…
1Opinion of the CourtStanley, J.
The plaintiff’s mare was grazing upon his land. It is not material that it was on land in which the public had an easement, since her grazing did not interfere with the public rights, and, subject to these rights, the plaintiff was entitled to the use of the land within the limits of the highway as fully as to the use of any land he owned. Makepeace v. Worden, 1 N. H. 16; Avery v. Maxwell, 4 N. H. 37; State v. New Boston, 11 N. H. 407; Baker v. Shepard, 24 N. H. 208. This case must therefore be decided upon the same principles as if the animal had wandered from the plaintiff’s field, through…
2Cases cited6 opinions
- Cook v. Champlain Transportation Co.Court for the Trial of Impeachments and Correction of Errors · 1845
- Corwin v. . the New-York and Erie Railroad Co.New York Court of Appeals · 1855
- Fero v. . the Buffalo and State Line Railroad CompanyNew York Court of Appeals · 1860
- Flint & Pere Marquette Railway Co. v. LullMichigan Supreme Court · 1874
- Shepard v. Buffalo, New York & Erie RailroadNew York Court of Appeals · 1866
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Hubbard v. GouldSupreme Court of New Hampshire · 1906
- Hill v. Concord & Montreal RailroadSupreme Court of New Hampshire · 1893