Poler v. . the New-York Central Railroad Company
New York Court of Appeals
Appeal from the Supreme Court. The action was for negligence of the defendant, in not maintaining proper gates in the fences along the line of its road through the plaintiff’s farm, and in not making cattle guards at the farm crossings, whereby the plaintiff’s horses strayed upon the track and were killed. The trial was at the Orleans circuit, before Mr. Justice Bowen and a jury.
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Appeal from the Supreme Court. The action was for negligence of the defendant, in not maintaining proper gates in the fences along the line of its road through the plaintiff’s farm, and in not making cattle guards at the farm crossings, whereby the plaintiff’s horses strayed upon the track and were killed. The trial was at the Orleans circuit, before Mr. Justice Bowen and a jury. The plaintiff proved that the defendant, on July 6, 1853, succeeded to the property rights and obligations of the Rochester, Lockport and Niagara Falls Railroad Company, and after that day ran its ears upon the road…
1Opinion of the CourtSelden, J.
That the defendants have succeeded to the obligations and duties as well as the rights of the Rochester, Lockport and Niagara Falls Railroad Company, including those which arise upon contract as well as those imposed by statute, is not denied; but it is insisted in their behalf that they are exempted from the obligation, under section forty-four of the general railroad act of 1850, to maintain gates or bars at the crossings upon the plaintiff’s farm, by virtue of the deed from Simon Poler to the Rochester, Lock-port and Niagara Falls Railroad Company, which says nothing on the subject of…
2Cited by14 opinions
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- Morrison v. New York & New Haven Rail RoadNew York Supreme Court · 1860
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