Magilton v. New York Cent. & H. R. Railroad
New York Supreme Court
Appeal from circuit court, Green county. Action by William H. Magilton against the New York Central & Hudson River Railroad Company for killing plaintiff’s horse. From a judgment entered on a verdict in favor of plaintiff for $200 damages and $106.40 costs, and from an order denying a motion for a new trial made on the minutes, defendant appeals.
1Opinion of the CourtPutnam, J.
Plaintiff recovered a judgment for the sum of $200, the value of a horse which strayed upon defendant’s tracks and was killed by defendant’s cars. The complaint alleged negligence on the part of defendant—First, in not providing and maintaining proper means of fastening the gate at plaintiff’s farm crossing, whereby the gate became open, and the plaintiff’s horses strayed on the railroad tracks, and the animal in question was killed by a train of cars running on defendant’s road; second, in the reckless and careless manner in which defendant’s servants ran said train at the time the horse was…
2Cases cited3 opinions
- Tonawanda Rail-Road v. MungerNew York Supreme Court · 1848
- Munger v. . Tonawanda Railroad Co.New York Court of Appeals · 1850
- Boyle v. . New York, Lake Erie and Western Railroad Co.New York Court of Appeals · 1889
3Cited by1 opinion
- Bell v. Erie RailroadAppellate Division of the Supreme Court of the State of New York · 1918