Legal Opinion
Kelver v. New York, Chicago & St. Louis R. R. Co.
New York Court of Appeals
Decided May 5, 1891PublishedCited by 3 opinions
, Appeal from judgment of the superior court of Buffalo, general term, affirming judgment in favor of plaintiff.
1Opinion of the CourtAndrews, J.
The 44th section of the- general railroad act of 1850 imposed upon every railroad company organized thereunder an absolute duty to erect and maintain fences on the sides of its road, and made the corporation liable for all injuries done by its “ agents or engines ” to cattle or other animals thereon until such fences shall have been made. This absolute duty was modified by § 8 of chap. 282 of the Laws of 1854, which was an act amending the act of 1850, and which section substantially re-enacted § 44 of the original act, but added thereto this provision: “ That no railroad corporation shall be…
2Cases cited2 opinions
- Shepard v. Buffalo, New York & Erie RailroadNew York Court of Appeals · 1866
- Dolan v. Newburgh, Dutchess & Conn. R. R.New York Court of Appeals · 1890
3Cited by3 opinions
- Jacoby v. Chicago, Milwaukee & St. Paul Railway Co.Wisconsin Supreme Court · 1917
- Curran v. Chicago & Western Indiana RailroadAppellate Court of Illinois · 1918
- Davison v. Delaware, Lackawanna & Western RailroadAppellate Division of the Supreme Court of the State of New York · 1909