Gonsenhauser v. New York Central Railroad

This action was brought to recover damages for injuries alleged to have been sustained by the plaintiff’s cows while they were on the defendant’s right of way.

The negligence charged against the defendant was the failure to maintain in good condition, pursuant to section 52 of the Railroad Law, a railroad fence between the railroad right of way and the land of one Love joy, on which the plaintiff’s cows were pastured. The evidence established that the railroad fence *485was defective and that the defendant had timely notice of the defect.

In July, 1955, the plaintiff had 35 milk cows in the Lovejoy…