Simmons v. Poughkeepsie & Eastern Railway Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Poughkeepsie and Eastern Railway Company, from a judgment of the County Court of Dutchess county, entered in the office of the clerk of the county of Dutchess on the 7th flay of August, 1895, upon the verdict of a jury, and also from an order entered in said clerk’s office, bearing date the 20th day of December, 1895, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Hatch, J.:
This action- was brought to recover damages for negligence in producing the death of a horse which had strayed ripon defendant’s tracks and was there run down by a train operated by defendant. The recovery is sought to 'be sustained upon two theories: First, that defendant was guilty of negligence in opening a gate leading. from plaintiff’s premises to defendant’s tracks. Second, that defendant was guilty of negligence in net acting with ordinary care and prudence after it discovered that the horse was upon its tracks. The case was submitted to the jury by the learned court upon…
2Cases cited1 opinion
- Diamond Brick Co. v. New York Central & Hudson River RailroadNew York Supreme Court · 1890
3Cited by1 opinion
- St. Louis & San Francisco Railroad v. ZacharyCourt Of Appeals Of Indian Territory · 1899