Munger v. . Tonawanda Railroad Co.
New York Court of Appeals
This- was an action on the case, brought in the court of common pleas of Monroe county, to recover the value of two oxen, alledged to have been killed through the negligence of the defendants, in running their cars over them, in September, 1843, the oxen being at the time on the track of the defendants’ railroad.
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This- was an action on the case, brought in the court of common pleas of Monroe county, to recover the value of two oxen, alledged to have been killed through the negligence of the defendants, in running their cars over them, in September, 1843, the oxen being at the time on the track of the defendants’ railroad. The first count of the declaration alledged, among other things, that the defendants procured the lands over which their road passed, in the manner required by the act to incorporate them, passed April 24, 1832. The second count alledged [350] that the defendants acquired title to…
1Opinion of the CourtHurlbut, J.
It was competent for the Tonawanda [357] Railroad Company, by voluntary cession or by appropriation, to acquire the title to lands which they were authorized to use for the purpose of constructing a railway and maintaining the same during the existence of their charter. (Laws of 1832, p. 427.) The declaration assumes that the company owned and were possessed of the land occupied by their railway, and the chief ground of complaint is, that the plaintiff’s cattle having strayed thereon were destroyed by the carelessness and negligence of the company in propelling their engine and cars. It is…
2Cases cited3 opinions
- Hartfield v. RoperNew York Supreme Court · 1839
- Rathbun & West v. PayneNew York Supreme Court · 1838
- Burckle v. New-York Dry-Dock Co.The Superior Court of New York City · 1829
3Cited by25 opinions
- U. P. R. W. Co. v. RollinsSupreme Court of Kansas · 1869
- Roby v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1894
- Bostwick v. Minneapolis & Pacific Railway Co.North Dakota Supreme Court · 1892
- The Pittsburgh, Cincinnati & St. Louis Railway Co v. StuartIndiana Supreme Court · 1880
- Central Branch Railroad v. LeaSupreme Court of Kansas · 1878
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