Murray v. New York Central Railroad
New York Court of Appeals
Michael Murray sued the defendants, in the superior court, of Buffalo, for damages sustained by him in the killing of his horse, which was run over by the defendants’ train, on their track. The horse escaped from the adjacent pasture, where he was kept, through a gate which had been duly erected by defendants for a farm crossing. The gate was off its hinges, at, and shortly before, the time of the accident.
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Michael Murray sued the defendants, in the superior court, of Buffalo, for damages sustained by him in the killing of his horse, which was run over by the defendants’ train, on their track. The horse escaped from the adjacent pasture, where he was kept, through a gate which had been duly erected by defendants for a farm crossing. The gate was off its hinges, at, and shortly before, the time of the accident. There was evidence that Scott, the tenant and occupier of the farm, had several times seen the gate down, and had fitted it up “as well as he could”; but there was no evidence that…
1Opinion of the CourtMason, J.
The decision of this case involves the construe*341tion to be put upon sections 55 and 56 of . the general railroad act as amended in 1854. - Sections 55 and 56
of this act make it the duty of railroads to erect and maintain fences on the sides of their roads, with openings and gates or bars therein, and for the omission to erect and maintain the same, the statute declares that they shall be liable for all damages which shall be done by their agents or engines, to cattle, horses, &c., thereon.
Section 56 employs language which, at first view, seems to favor the construction, that, when the fences…
2Cases cited2 opinions
- Poler v. . the New-York Central Railroad CompanyNew York Court of Appeals · 1857
- Munch v. New York Central Rail RoadNew York Supreme Court · 1859
3Cited by4 opinions
- Goodman v. Del-Sa-Co Foods, Inc.New York Court of Appeals · 1965
- Osborne v. International Railway Co.New York Court of Appeals · 1919
- Topham v. Interurban Street Railway Co.Appellate Division of the Supreme Court of the State of New York · 1904
- Standard Accident Insurance v. NewmanNew York Supreme Court · 1944