French v. Western New York & Pennsylvania Railroad
New York Supreme Court
Appeal from Cattaraugus county court. Action by Thomas O. French against the Western New York & Pennsylvania Railroad Company. From a judgment of the county court affirming the judgment of a justice’s court, defendant appeals.
1Opinion of the CourtDwight, P. J.
The action was to recover for injuries to the plaintiff’s horse, caused by his falling through a bridge over the ditch by the side of the defendant’s road, adjacent to the farm of one Davis. The horse was pastured on the Davis farm, and went onto the railroad land at a point where the fence was wanting. The railroad hands had taken the planks off from the bridge for the purpose of repairs, and the horse, coming upon it, fell between the stringers. The case is, in principle, precisely like that of Graham v. Canal Co., 46 Hun, 386, in which our brethren in the third department sustained a…
2Cases cited1 opinion
- Thomas v. . Utica Black River R.R. Co.New York Court of Appeals · 1884
3Cited by2 opinions
- Campbell v. Indianapolis & Northwestern Traction Co.Indiana Court of Appeals · 1906
- Childers v. Louisville, New Albany & Chicago Railway Co.Indiana Court of Appeals · 1895