Bradley v. Buffalo, New York & Erie Railroad
New York Court of Appeals
■ Appeal from Supreme Court. Action to recover the value of a horse killed on the railroad of defendants by one of their engines; the horse having got upon the road, as alleged, by the neglect of the defendants to construct and maintain a “ cattle guard ” at a road crossing.
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■ Appeal from Supreme Court. Action to recover the value of a horse killed on the railroad of defendants by one of their engines; the horse having got upon the road, as alleged, by the neglect of the defendants to construct and maintain a “ cattle guard ” at a road crossing. The trial was before a referee, and the facts found by him were, in substance, these: The defendants’ railroad passed through the village of Ivanona, in the town of Bath, in the county of Steuben, or, rather, upon the northern skirts of the village. They had a passenger and freight depot there, at which trains stopped.…
1Opinion of the Court
[EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] Railroad companies are required, by statute, "to erect and maintain fences on the sides of their roads," and "to construct and maintain cattle guards at all road crossings, suitable and sufficient to prevent cattle, horses, sheep and hogs from getting on to such railroads;" and it is expressly declared that, "so long as such fences and cattle guards shall not be made, and when not in good repair, such railroad corporation, and its agents, shall be liable for…
2Cited by17 opinions
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. LightheiserIndiana Supreme Court · 1904
- Tracy v. . the Troy and Boston R.R. Co.New York Court of Appeals · 1868
- Davis v. Burlington & Missouri River R. R.Supreme Court of Iowa · 1869
- Greeley v. St. Paul, Minneapolis & Manitoba Railway Co.Supreme Court of Minnesota · 1885
- Atchison, Topeka & Sante Fé Railroad v. ShaftSupreme Court of Kansas · 1885
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