Munch v. New York Central Rail Road

By the Court, Marvin, J.

Action to recover damages for killing the plaintiff’s colt on the defendants’ rail road. As I understand the evidence in this case, it tended to prove that the plaintiff lived upon the road between Niagara City and Lewiston, and early in March, 1858, the colt was let out of the stable, about noon, to water. He passed out of the gate on to the highway. The plaintiff did not follow him. After this the colt was in a neighbor’s field (how far from the plaintiff’s does not appear) adjoining the rail road track. There was a gap down in the rail road fence, and the colt…