Colwell v. New-York & Erie Railroad
New York Supreme Court
Demurrer to complaint for misjoinder of actions. The plaintiff claimed damages for killing cattle in going through his farm, the fences not being kept up by the company as was their duty, and for the wrongful killing, carrying away, and converting said cattle, (the conversion consisted in taking the carcass up the track a short distance, and burying it.) Cause of action, No. 2, was the same in regard to swine.
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Demurrer to complaint for misjoinder of actions. The plaintiff claimed damages for killing cattle in going through his farm, the fences not being kept up by the company as was their duty, and for the wrongful killing, carrying away, and converting said cattle, (the conversion consisted in taking the carcass up the track a short distance, and burying it.) Cause of action, No. 2, was the same in regard to swine. Cause of action, No. 3, set up an agreement to carry cattle • on the railroad from Kirkwood to Chester, and damages and loss occasioned by breach of agreement to carry safely; hurt and…
1Opinion of the Court
Mason, Justice.
This case comes before the court on a demurrer to the complaint, in which defendants have assigned three causes of demurrer.
First. Because it appears on the face of the complaint that the action is brought as well to recover damages for an alleged breach of contract made by the defendants with plaintiff as for damages by the plaintiff alleged to have been sustained in consequence of the wrongful taking and conversion of the property of the said plaintiff, as set forth in the said complaint.
Second. Because it appears on the face of the said complaint that the said cattle…
2Cited by1 opinion
- Lowber v. KellyThe Superior Court of New York City · 1862