Jimerson v. . Erie R.R. Co.
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 31, 1910, which affirmed a final judgment in favor of plaintiff entered upon an interlocutory judgment of. Special Term overruling a demurrer to the complaint. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 31, 1910, which affirmed a final judgment in favor of plaintiff entered upon an interlocutory judgment of. Special Term overruling a demurrer to the complaint. The nature of the action and the facts, so far as material, are stated in the opinion. The statute under which this action is brought, being in derogation of a rule of the common law, should he construed strictly. The act itself specifically provides the penalty for a violation of its provisions. The injuries received by…
1Opinion of the Court
Cullen, Ch. J.
The complaint, which the defendant contends states no cause of action, alleges that the defendant failed to erect and maintain fences on the line of its road where it passed through the reservation of the Seneca Indians, as a result of which two colts belonging to the plaintiff, which were rightfully pastured on said reservation (plaintiff himself being an Indian) escaped from the pasture to the defendant’s road and following along it fell through a railroad bridge whereby one colt received injuries from which he died and the other was seriously damaged and its value impaired.…
2Cases cited2 opinions
- Corwin v. . the New-York and Erie Railroad Co.New York Court of Appeals · 1855
- Knight v. New York, Lake Erie & Western RailroadNew York Court of Appeals · 1885
3Cited by17 opinions
- Corban v. Chesapeake Exploration, L.L.C., Et Al.Ohio Supreme Court · 2016
- Long v. Noah's Lost Ark, Inc.Ohio Court of Appeals · 2004
- Sogg v. ZurzOhio Supreme Court · 2009
- Thayer v. Snohomish Logging Co.Washington Supreme Court · 1918
- Verbillion v. Enon Sand & Gravel, L.L.C.Ohio Court of Appeals · 2021
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