Magilton v. New York Central & Hudson River Railroad
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The New Y ork Central and Hudson River Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Greene on the 16tli day of March, 1896, upon the verdict of a iury rendered after a trial at a Trial Term of the Supreme Court held in and for the county of Greene, and also from an ordei entered in said clerk’s office on the Gth day of March, 1896, denying the defendant’s motion…
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Appeal by the defendant, The New Y ork Central and Hudson River Railroad Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Greene on the 16tli day of March, 1896, upon the verdict of a iury rendered after a trial at a Trial Term of the Supreme Court held in and for the county of Greene, and also from an ordei entered in said clerk’s office on the Gth day of March, 1896, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Landon, J.:
On August 21,1893, the plaintiff’s horse strayed upon defendant’s tracks from plaintiff’s pasture, adjoining defendant’s railroad, through an open gate forming part of the division fence between plaintiff’s land and defendant’s railroad, and was killed by defendant’s engine. Upon the trial the plaintiff disclaimed recovery upon any other ground than that of defendant’s violation of the statute imposing upon it the duty to “ erect and thereafter maintain fences on the sides of its-road of height and strength sufficient to prevent cattle, horses, sheep and hogs from going upon its…
2Cases cited8 opinions
- Corwin v. . the New-York and Erie Railroad Co.New York Court of Appeals · 1855
- Shepard v. Buffalo, New York & Erie RailroadNew York Court of Appeals · 1866
- Bradley v. Buffalo, New York & Erie RailroadNew York Court of Appeals · 1866
- Poler v. . the New-York Central Railroad CompanyNew York Court of Appeals · 1857
- Borden v. . Delaware, Lackawanna and Western Railroad Co.New York Court of Appeals · 1892
3 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Cross v. New York Central & Hudson River Railroad, New York County Courts1910
- Purcell v. LauerAppellate Division of the Supreme Court of the State of New York · 1897