DiCaprio v. New York Central Railroad
New York Court of Appeals
Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered November 19, 1919, reversing a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term.
Read the full summary
Appeal from an order of the Appellate Division of the Supreme Court in the third judicial department, entered November 19, 1919, reversing a judgment in favor of defendant entered upon a dismissal of the complaint by the court at a Trial Term. A railroad corporation is under no obligation to fence at common law, and section 52 of the Railroad Law, imposing the obligation, equally as in the case of other statutes which are in derogation thereof, should properly be strictly construed. (Tonawanda R. R. Co. v. Munger, 5 Den. 255; Fitzgerald v. Quann, 109 N. Y. 441.) There was no duty to fence…
1Opinion of the CourtAndrews, J.
Section 52 of the Railroad Law (Cons. Laws, chap. 49), provides that a railroad corporation shall erect and maintain fences on both sides of its right of way sufficiently high and strong to prevent horses, cattle, sheep and hogs from going upon its road from the adjacent lands, and until this is done shall be liable for all damages caused by its agents, engines or'cars to any domestic animal thereon. The fence need not be built, however, when not ■ necessary to prevent such animals from reaching its tracks.
Through a farm occupied by Tony DiCaprio ran the New York Central railroad. On this…
2Cases cited17 opinions
- Union Pacific Railway Co. v. McDonaldSupreme Court of the United States · 1894
- Middleton v. Texas Power & Light Co.Supreme Court of the United States · 1919
- Hayes v. Michigan Central RailroadSupreme Court of the United States · 1884
- Amberg v. . KinleyNew York Court of Appeals · 1915
- Isabel v. Hannibal & St. Joseph RailroadSupreme Court of Missouri · 1875
12 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Urie v. ThompsonSupreme Court of the United States · 1949
- Circle Lounge & Grille, Inc. v. Board of AppealMassachusetts Supreme Judicial Court · 1949
- Stanton v. CleggAppellate Division of the Supreme Court of the State of New York · 1951
- Doe v. United StatesDistrict Court, S.D. New York · 1981
- Bowen v. National Railroad Passenger Corp.District Court, N.D. New York · 2005
11 more not listed; retrieve them via the Exa API.