Stisser v. New York Central & Hudson River Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The New York Central and Hudson River Railroad Company, from a judgment of the County Court of Madison county in favor of the plaintiff, entered in the office of the clerk of the county of Madison on the 10th day of January, 1898, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 14th day of December, 1897, denying the defendant’s motion for a new trial made upon the minutes.
Read the full summary
Appeal by the defendant, The New York Central and Hudson River Railroad Company, from a judgment of the County Court of Madison county in favor of the plaintiff, entered in the office of the clerk of the county of Madison on the 10th day of January, 1898, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 14th day of December, 1897, denying the defendant’s motion for a new trial made upon the minutes. The action was commenced in the court of a justice of the peace and judgment was rendered in favor of the defendant, from which the plaintiff appealed to…
1Opinion of the Court
Per Curiam :
The plaintiff and defendant owned adjoining lands, and it. was the duty of the defendant to maintain the division fence between them. The fence which the defendant put there was one consisting of posts, with five wires known as “ Buckthorn ” stretched upon them and fastened with staples. Such wire consisted of a flat iron ribbon about one-lialf inch wide and twisted about three times in a foot. On one side were saw teeth cut in about one-quarter inch in width at the base and one and one-half inches apart. At a certain place on such fence the wire next to the top one had become…
2Cited by5 opinions
- Huttlinger v. Royal Dutch West India MailAppellate Division of the Supreme Court of the State of New York · 1917
- Baecher v. McFarlandSupreme Court of Virginia · 1944
- Estate of Milis v. MilisWisconsin Supreme Court · 1933
- Ex Parte NortonCourt of Criminal Appeals of Texas · 1929
- People v. LowellMichigan Supreme Court · 1930