Leggett v. Rome, Watertown & Ogdensburgh Railroad
New York Supreme Court
Appeal from a judgment, entered upon a verdict in the plaintiff’s favor at the Orleans Circuit for the sum of seventy-three dollars damages and costs, and from an order denying the defendant’s motion for a new trial, founded on the judge’s minutes. The defendant is a corporation organized under the general railroad act. The line of its road is located over the plaintiff’s farm, through which it acquired the right of way for its road-bed of the customary width.
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Appeal from a judgment, entered upon a verdict in the plaintiff’s favor at the Orleans Circuit for the sum of seventy-three dollars damages and costs, and from an order denying the defendant’s motion for a new trial, founded on the judge’s minutes. The defendant is a corporation organized under the general railroad act. The line of its road is located over the plaintiff’s farm, through which it acquired the right of way for its road-bed of the customary width. One of the plaintiff’s fields, consisting of thirteen acres, and used as a pasture, lies on the south-westerly side of the defendant’s…
1Opinion of the Court
33arker, J.:
The plaintiff’s demand for indemnity for the injnry he has .sustained by reason of the defendant’s neglect to erect a fence on <the side of its road for the distance which it passes over his pasture field, is based upon the statute which imposes that duty upon the -company. At common law, adjacent landowners were not required ito construct division fences for the convenience of each other and ;the protection of their crops growing thereon. The statute requiring railroad companies to erect and maintain fences on the division line between its land and that of the adjacent owner,…
2Cases cited5 opinions
- Corwin v. . the New-York and Erie Railroad Co.New York Court of Appeals · 1855
- Van Wyck v. SewardNew York Supreme Court · 1837
- Peo. Ex Rel. Garbutt v. . R. and S.L.R.R. Co.New York Court of Appeals · 1879
- Knight v. New York, Lake Erie & Western RailroadNew York Court of Appeals · 1885
- Thomas v. . Utica Black River R.R. Co.New York Court of Appeals · 1884