Legal Opinion

Keeney v. Grand Trunk Railway Co.

New York Supreme Court

Decided June 6, 1870PublishedCited by 3 opinions

APPEAL by the defendant from a judgment entered upon the verdict of a jury. The plaintiffs alleged, in the complaint, that the defendant was, and still is, a corporation duly incorporated under and pursuant to the laws of the Province of Ganada; and was, and is, engaged in transporting freight and live stock over its road, and other railroads used, operated and controlled by said defendant, extending from Detroit, Michigan, to the city of Buffalo, in the State of New York,…

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APPEAL by the defendant from a judgment entered upon the verdict of a jury. The plaintiffs alleged, in the complaint, that the defendant was, and still is, a corporation duly incorporated under and pursuant to the laws of the Province of Ganada; and was, and is, engaged in transporting freight and live stock over its road, and other railroads used, operated and controlled by said defendant, extending from Detroit, Michigan, to the city of Buffalo, in the State of New York, and through said Province of Ganada, as a common carrier for hire. That, during the same time, the plaintiffs were…

1Opinion of the CourtJohnson, J.

The injury here complained of arose directly from the detention of the plaintiffs’ cattle, on a side track of the railroad, between three and four days, at a place where they could neither be fed nor watered. Several head died, and the others were greatly reduced in flesh and strength.

It is quite difficult .to see how this detention of the train on the side track, for this length of time, can be regarded and held to be an act of negligence, in any degree. It was the deliberate, intentional act of the division freight superintendent of the defendant’s road. It is precisely of the character of…

2Cases cited4 opinions

  1. Perkins v. . the New York Central Railroad CompanyNew York Court of Appeals · 1862
  2. Smith v. . the New York Central Railroad CompanyNew York Court of Appeals · 1862
  3. French v. Buffalo, New York & Erie RailroadNew York Court of Appeals · 1868
  4. Heineman v. Grand Trunk Railway Co.Superior Court of Buffalo · 1866

3Cited by3 opinions

  1. Texas & Pacific Railway Co. v. ArnoldCourt of Appeals of Texas · 1897
  2. Cragin v. . N.Y.C.R.R. Co.New York Court of Appeals · 1872
  3. Cragin v. New York Central RailroadCommission of Appeals · 1872

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