Rehler v. Western New York & Pennsylvania Railroad
New York Supreme Court
Appeal from Cattaraugus county court. Action by Michael Rehler against the Western New York & Pennsylvania Railroad Company, for injuries to plaintiff’s colts. From a judgment of the county court of Cattaraugus county defendant appeals.
1Opinion of the CourtDwight, J.
The action was for damages resulting from an injury to several colts of the plaintiff, caused by a barbed-wire fence maintained by the defendant on the line of its road. The plaintiff was a farmer. His field was ■separated from the railroad land by the field of an adjoining farmer, but, the fence between the two fields having been burned, the two farmers agreed to pasture the two fields in common. The defendant’s barbed-wire fence separated the field thus used in common from the "defendant’s road. The colts were running in the common pasture on the evening before the injury was received. The…
2Cases cited2 opinions
- Purdy v. . New York New Haven R.R. Co.New York Court of Appeals · 1875
- Rowland v. BairdNew York County Court, Montgomery County · 1886
3Cited by3 opinions
- St. Louis S. F. R. Co. v. SteeleSupreme Court of Oklahoma · 1913
- Guilfoos v. New York Central & Hudson River RailroadNew York Supreme Court · 1893
- Mattice v. Mattice, New York County Courts1913