People v. New York Central Rail Road
New York Supreme Court
A CTION brought to recover several penalties of $>20 each, given -OL by the 39th section of the rail road act of 1850, for causing a locomotive engine to run and pass on the road of the defendants across a traveled public road in the county of Herkimer, without ringing a bell or sounding a steam whistle, eighty rods from the crossing.
Read the full summary
A CTION brought to recover several penalties of $>20 each, given -OL by the 39th section of the rail road act of 1850, for causing a locomotive engine to run and pass on the road of the defendants across a traveled public road in the county of Herkimer, without ringing a bell or sounding a steam whistle, eighty rods from the crossing. The action was tried before Justice Pratt, at the circuit held in Herkimer county, in May, 1854, and it was proved that on the 31st day of October and the 1st day of November, 1853, the defendants caused several of their locomotive engines with freight and…
1Opinion of the Court
By the Court, W. F. Allen, J.
By the 39th section of the general rail road act of 1850, (Bess. Laws, p. 232,) it is enacted that a bell shall be placed on each locomotive engine, and be rung at the distance of at least eighty rods from the place where the rail road shall cross any traveled public road or street, and be kept ringing until it shall have crossed such road or street; or a steam whistle shall be attached to each locomotive engine, and be sounded at least eighty rods from the place where the rail road shall cross any such road or street, except in cities, and be sounded at intervals…
2Cases cited2 opinions
- United States v. WiltbergerSupreme Court of the United States · 1820
- Sickles v. SharpNew York Supreme Court · 1816
3Cited by15 opinions
- Billman v. Indianapolis, Cincinnati & Lafayette RailroadIndiana Supreme Court · 1881
- Harty v. . Central R.R. Co. of New JerseyNew York Court of Appeals · 1870
- Matter of Lockport and Buffalo R.R. Co.New York Court of Appeals · 1879
- Ransom v. Chicago, St. Paul, Minneapolis & Omaha Railway Co.Wisconsin Supreme Court · 1885
- Voak v. . Northern Central Railway CompanyNew York Court of Appeals · 1878
10 more not listed; retrieve them via the Exa API.