Ham v. Newburg, Dutchess & Connecticut Railroad

New York Supreme Court

Ham v. Newburg, Dutchess & Connecticut Railroad

23 N.Y.S. 197, 69 Hun 137, 76 N.Y. Sup. Ct. 137, 52 N.Y. St. Rep. 536

DecidedMay 8, 1893

StatusPublished

This text of 23 N.Y.S. 197 (Ham v. Newburg, Dutchess & Connecticut Railroad) is published on Counsel Stack Legal Research, covering New York Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Ham v. Newburg, Dutchess & Connecticut Railroad, 23 N.Y.S. 197, 69 Hun 137, 76 N.Y. Sup. Ct. 137, 52 N.Y. St. Rep. 536 (N.Y. Super. Ct. 1893).

Pincite

Opinion

PBATT, J.

The structure which defendants call a “cattle guard” was in no sense such a one as their duty required. Cattle were more likely to be enticed upon the track than to be turned back. Had a proper guard been constructed, the accident would not have taken place. The duty which the company violated was one owing to the public. Any person injured can recover his damages.

Judgment affirmed, with costs.

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PBATT, J.

The structure which defendants call a “cattle guard” was in no sense such a one as their duty required. Cattle were more likely to be enticed upon the track than to be turned back. Had a proper guard been constructed, the accident would not have taken place. The duty which the company violated was one owing to the public. Any person injured can recover his damages.

Judgment affirmed, with costs.

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Bluebook (online)

23 N.Y.S. 197, 69 Hun 137, 76 N.Y. Sup. Ct. 137, 52 N.Y. St. Rep. 536, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ham-v-newburg-dutchess-connecticut-railroad-nysupct-1893.