Purdy v. . New York New Haven R.R. Co.
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, affirming a judgment in favor of plaintiff entered upon a decision of the court upon trial at Circuit without a jury. This action was brought to recover for two oxen killed by a train upon defendant’s road. The facts, as found by the court, are substantially as follows: The defendant is a foreign corporation, created by the laws of Connecticut.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, affirming a judgment in favor of plaintiff entered upon a decision of the court upon trial at Circuit without a jury. This action was brought to recover for two oxen killed by a train upon defendant’s road. The facts, as found by the court, are substantially as follows: The defendant is a foreign corporation, created by the laws of Connecticut. It owned and operated a portion of its road in this State, by virtue of an act passed May 11, 1846, entitled “An act to authorize the Hew York and Hew…
1Opinion of the Court
Earl, C.
By chapter 195 of the Laws of 1846 the defend,-ants were authorized to construct their road through the county of Westchester, and were empowered, for that purpose, to take land by purchase, or by the hostile proceedings provided in the act; they were required to erect and maintain fences upon the sides of their road, and the legislature reserved the right, at any time, to alter or repeal the act. Under this act alone, the defendants would probably not have been liable for killing the cattle, as they were not lawfully upon the adjoining close, and were trespassing upon their road.…
2Cases cited2 opinions
- Tonawanda Rail-Road v. MungerNew York Supreme Court · 1848
- Tracy v. . the Troy and Boston R.R. Co.New York Court of Appeals · 1868
3Cited by10 opinions
- Collins v. Metropolitan Life InsuranceIllinois Supreme Court · 1907
- Watier v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Supreme Court of Minnesota · 1883
- Dayton v. New York, L. E. & W. R.New York Supreme Court · 1894
- Rehler v. Western New York & Pennsylvania RailroadNew York Supreme Court · 1889
- Bateman v. Rutland RailroadAppellate Division of the Supreme Court of the State of New York · 1908
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