Keliher v. Connecticut River Railroad
Massachusetts Supreme Judicial Court
Tort for injuries resulting to the plaintiff’s cow through the alleged neglect of the defendants to erect and maintain suitable fences along the line of their railroad.
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Tort for injuries resulting to the plaintiff’s cow through the alleged neglect of the defendants to erect and maintain suitable fences along the line of their railroad. The case was submitted ■to the judgment of the court upon the following statement of facts: “ The defendants are a railroad corporation, duly created, who located and constructed their road in Greenfield in 1848. The plaintiff is owner of a lot of land, used by him at the time of the injury, as hereafter mentioned, as a pasture adjoining the railroad in Greenfield. In June 1870, the plaintiff’s cow, being pastured on said lot…
1Opinion of the CourtAmes, J.
Under the provisions of Gen. Sts. e. 63, §§ 42, 43, it was the duty of the defendants to make and maintain fences suitable for the benefit and security of the landowner and of travellers upon the road, upon both sides of the railroad for its entire length, (with certain exceptions not necessary to be here considered,) and also to “ construct and maintain sufficient barriers at such places ,as may be necessary, and, where it is practicable to do so, to prevent the entrance of cattle upon the road.” The duty is imperative, and is expressed in very comprehensive terms. As soon as the mill pond…
2Cases cited1 opinion
- Eames v. Salem & Lowell RailroadMassachusetts Supreme Judicial Court · 1868
3Cited by3 opinions
- Byrnes v. Boston & Maine RailroadMassachusetts Supreme Judicial Court · 1902
- McDonnell v. Pittsfield & North Adams RailroadMassachusetts Supreme Judicial Court · 1874
- Atchison, Topeka & Santa Fé Railroad v. RiggsSupreme Court of Kansas · 1884