Corwin v. . the New-York and Erie Railroad Co.
New York Court of Appeals
The action was commenced in 1852, in the supreme court, to recover damages for injuries done by the defendant to a pair of oxen owned by the plaintiff. The place of trial was the county of Broome. After issue was joined, the cause was referred to and tried before Robert Morrell, Esq., as sole referee.
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The action was commenced in 1852, in the supreme court, to recover damages for injuries done by the defendant to a pair of oxen owned by the plaintiff. The place of trial was the county of Broome. After issue was joined, the cause was referred to and tried before Robert Morrell, Esq., as sole referee. The pleadings, admitted that the defendant was a corporation, created by the Laws of the State of New-York, to construct and operate a railroad; that it had constructed a portion of its road through the county of Broome; and that, at the time of the injuries complained of, it was accustomed by…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] In May, 1851, the plaintiff's oxen were upon the defendant's road at a place called the "Summit," in the town of Sandford, Broome county, and one of them was hit and injured by a passing train. In October of the same year, the same oxen were again upon the track of the road, and the locomotive and train of cars run over one of them and killed it, and struck and greatly injured the other. The road where the injury occurred, and for some distance each way, passed…
2Cases cited5 opinions
- Tonawanda Rail-Road v. MungerNew York Supreme Court · 1848
- Suydam v. MooreNew York Supreme Court · 1850
- Brooks v. New-York & Erie RailroadNew York Supreme Court · 1862
- Marsh v. New-York & Erie RailroadNew York Supreme Court · 1852
- Waldron v. Rensselaer & Saratoga RailroadNew York Supreme Court · 1850
3Cited by50 opinions
- Curry v. Chicago & Northwestern Railway Co.Wisconsin Supreme Court · 1878
- Flint & Pere Marquette Railway Co. v. LullMichigan Supreme Court · 1874
- Cook v. Minneapolis, St. Paul & Sault Ste. Marie Railway Co.Wisconsin Supreme Court · 1898
- Donnegan v. . ErhardtNew York Court of Appeals · 1890
- Kansas Pacific Rly. Co. v. MowerSupreme Court of Kansas · 1876
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