Tombs v. Rochester & Syracuse Railroad
New York Supreme Court
Appeal by the defendants, from a judgment of the Seneca county court. The action was commenced before a justice of the peace, to recover the value of a cow, run over and killed by the locomotive of the defendants, upon their railroad track. It appeared in evidence that the cow got upon the track from a lane which the railroad crossed.
Read the full summary
Appeal by the defendants, from a judgment of the Seneca county court. The action was commenced before a justice of the peace, to recover the value of a cow, run over and killed by the locomotive of the defendants, upon their railroad track. It appeared in evidence that the cow got upon the track from a lane which the railroad crossed. The lane was a private one, belonging to Mr. Wells, the plaintiff’s landlord, and was made for the accommodation of the farm occupied by the plaintiff, long before the construction of the railroad. It was used for the purpose of driving stock to water and…
1Opinion of the Court
By the Court, Johnson, P. J.
The question upon which this case turns is, whether the defendants were bound under the circumstances, to make and maintain a fence or gate across the lane, on the farm occupied by the plaintiff, and where the injury com*585plained of happened, under the provisions of the general railroad act of 1848. It appears by the testimony of Dr. Wells, the plaintiff’s landlord, that it was agreed between him and the defendants that they should fix the crossings of the lane in question, and that he was to occupy it the same as he had ever done before, which was as an open lane.…
2Cases cited1 opinion
- Milliman v. Oswego & Syracuse RailroadNew York Supreme Court · 1850
3Cited by10 opinions
- Cancemi v. . the PeopleNew York Court of Appeals · 1858
- Enright v. The S.F. & San Jose R.R.California Supreme Court · 1867
- Phillips v. PayneSupreme Court of the United States · 1876
- Johnson v. Oregon Short Line Railway Co.Idaho Supreme Court · 1900
- Matthews v. YoungNew York Supreme Court · 1896
5 more not listed; retrieve them via the Exa API.