Throne v. Lehigh Val. Railway Co.
New York Supreme Court
Action by Edward H. Throne and another against the Lehigh Valley Railway Company. Plaintiffs move for a new trial upon exceptions ordered to be heard at general term after a nonsuit at the Monroe circuit.
1Opinion of the CourtLewis, J.
This action was brought to recover for the negligent killing of two horses, belonging to plaintiffs, at Rush, Monroe county, on or about June 29, 1893. The alleged negligence consisted in the omission to fence the sides, of the defendant’s railroad, opposite the field from which it is claimed the horses strayed onto the railroad land, and were there killed by a passing train. It was alleged in the plaintiffs’ complaint that, in consequence of said negligent omission on the part of the defendant to provide the fences required by statute at the place aforesaid, two of plaintiffs’ horses, at the…
2Cases cited2 opinions
- Miller v. . N.Y., L. W.R.R. Co.New York Court of Appeals · 1890
- Miller v. New York, Lackawanna & Western RailroadNew York Court of Appeals · 1890