Bowman v. Troy & Boston Railroad
New York Supreme Court
THIS was an appeal by the defendant from a judgment of the Bensselaer county court. The action was originally commenced before a justice of the peace, to recover the value of a cow belonging to the plaintiff killed by the train of cars of the defendant upon its road, in October, 1854. The plaintiff claimed to recover, upon the ground that the defendant negligently and carelessly ran over and killed the cow.
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THIS was an appeal by the defendant from a judgment of the Bensselaer county court. The action was originally commenced before a justice of the peace, to recover the value of a cow belonging to the plaintiff killed by the train of cars of the defendant upon its road, in October, 1854. The plaintiff claimed to recover, upon the ground that the defendant negligently and carelessly ran over and killed the cow. The defendant in its answer denied the carelessness and negligence alleged, and averred that the cow was unlawfully and improperly at large and trespassing upon the defendant’s rail road,…
1Opinion of the Court
By the Court,
Miller, J.
The only question arising in this case is whether the wrongful act of the plaintiff contributed to produce the injury complained of. At common law the owner of cattle was bound at his peril to keep them on his own premises, and if they escaped he was liable, in an action of trespass, for damages, at the suit of the party injured. The owner has also a right for the passage of his cattle over and upon a highway, using ordinary and proper care and diligence in driving, and if they stray out of his sight and pass, against his will, into uninclosed land adjoining the…
2Cases cited5 opinions
- Hartfield v. RoperNew York Supreme Court · 1839
- Tonawanda Rail-Road v. MungerNew York Supreme Court · 1848
- Corwin v. . the New-York and Erie Railroad Co.New York Court of Appeals · 1855
- Terry v. New York Central Rail RoadNew York Supreme Court · 1855
- Vanderkar v. Rensselaer & Saratoga RailroadNew York Supreme Court · 1851
3Cited by5 opinions
- Moses v. Southern Pacific RailroadOregon Supreme Court · 1890
- Indianapolis, Cincinnati, & Lafayette Railroad v. HarterIndiana Supreme Court · 1872
- Caulkins v. MathewsSupreme Court of Kansas · 1869
- Vanhorn v. Burlington Cedar Rapids & Northern Railway Co.Supreme Court of Iowa · 1884
- Brady v. Rensselaer & Saratoga RailroadNew York Supreme Court · 1874