Brady v. Rensselaer & Saratoga Railroad
New York Supreme Court
Appeal from a judgment entered upon the verdict of a jury in an action brought and tried in the Albany county court. The plaintiff,' John Brady,- in July, .1872, owned a cow, which, on the day in question, was left in charge of a hoy, who, in the afternoon, drove her from plaintiff’s stable down to an open lot adjoining defendant’s track, in the northern part of the city of Albany, near a crossing known as Holligan’s.
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Appeal from a judgment entered upon the verdict of a jury in an action brought and tried in the Albany county court. The plaintiff,' John Brady,- in July, .1872, owned a cow, which, on the day in question, was left in charge of a hoy, who, in the afternoon, drove her from plaintiff’s stable down to an open lot adjoining defendant’s track, in the northern part of the city of Albany, near a crossing known as Holligan’s. In the vicinity of this crossing defendant’s roadway was being improved and repaired, and some of the fences at the crossing were temporarily and necessarily down for that…
1Opinion of the CourtMiller, P. J.
In Bowman v. Troy & Boston R. R. Co., 37 Barb. 516, it was held, that where one suffered his cow to be at large in a public street and on the track of a railroad in a city, apparently alone and unattended, with no one to take charge of her, and where it did not appear that she was in the vicinity of the plaintiff’s residence, or had been previously taken care of by him, or had escaped without his fault, or was lawfully traveling along the street, that he could not recover for injuries to the cow happening through the negligence of the railroad company. This was an extreme case and differs…
2Cases cited5 opinions
- Shepard v. Buffalo, New York & Erie RailroadNew York Court of Appeals · 1866
- Suydam v. MooreNew York Supreme Court · 1850
- Brace v. . New York Central Railroad CompanyNew York Court of Appeals · 1863
- Bowman v. Troy & Boston RailroadNew York Supreme Court · 1862
- Munch v. New York Central Rail RoadNew York Supreme Court · 1859