Tonawanda Rail-Road v. Munger
New York Supreme Court
Error to the Monroe common pleas. Hunger sued the plaintiffs in error in the court below in case, for the negligence of the defendants in that suit in running their steam engine and cars, by means of which two oxen, the property of the plaintiff, were run over and killed. Plea, not guilty.
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Error to the Monroe common pleas. Hunger sued the plaintiffs in error in the court below in case, for the negligence of the defendants in that suit in running their steam engine and cars, by means of which two oxen, the property of the plaintiff, were run over and killed. Plea, not guilty. At the trial in December, 1844, the plaintiff proved that the defendants’ rail-road passed through the farm of the plaintiff in the town of Gates, and that a highway crossed the rail-road at that place; that on the 4th day of August, 1843, at about midnight, the engine attached to a train of cars ran upon…
1Opinion of the Court
By the Court, Beardsley, C. J.
These oxen, when killed, were on the defendant’s land. They had broken from the plaintiff’s field into the highway, along which they wandered to the rail-road, where, leaving the highway, they passed on the rail-road to the place where the accident occurred.
Every unwarrantable entry by a person or his cattle, on the land of another, is a trespass, and that whether the land be enclosed or not. (Wells v. Howell, 19 John. 385; 1 Ch. PIl. ed. 1837, p. 94, 5 ; Browne on Actions at Law, 369.) It is a general rule of the common law that the owner of cattle is bound, at…
2Cases cited5 opinions
- Cook v. Champlain Transportation Co.Court for the Trial of Impeachments and Correction of Errors · 1845
- Stackpole v. HealyMassachusetts Supreme Judicial Court · 1819
- Gardner v. HearttNew York Supreme Court · 1846
- Wells v. HowellNew York Supreme Court · 1822
- Holladay v. MarshNew York Supreme Court · 1829
3Cited by81 opinions
- Illinois Central Railroad v. GodfreyIllinois Supreme Court · 1874
- Phillips v. Sun Oil Co.New York Court of Appeals · 1954
- Washington v. B. & O. R. R.West Virginia Supreme Court · 1880
- Ernst v. . Hudson River Railroad Co.New York Court of Appeals · 1866
- Chicago, Burlington & Quincy Railroad v. JohnsonIllinois Supreme Court · 1882
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