Kagelmacher v. Erie Railroad Co.

Appellate Division of the Supreme Court of New York

Kagelmacher v. Erie Railroad Co.

169 A.D. 916, 157 N.Y.S. 433

CourtAppellate Division of the Supreme Court of the State of New York

DecidedMay 15, 1915

StatusPublished

This text of 169 A.D. 916 (Kagelmacher v. Erie Railroad Co.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Kagelmacher v. Erie Railroad Co., 169 A.D. 916, 157 N.Y.S. 433 (N.Y. Ct. App. 1915).

Pincite

Opinion

Per Curiam:

While the Erie Railroad Company was obligated to maintain a fence, it was not liable for the killing of the plaintiff’s cow, because it was not killed by the agents, engines or ears of the Erie Company. It was the duty of the International Railway Company to fence its tracks, and it was not relieved from that obligation as to the plaintiff by any arrange, ment it may have had with the Brie Company respecting the maintenance of the fences; and the cow having been killed upon the tracks, and by the car, of the International Railway Company, it is liable therefor. Judgment affirmed, with costs as to the defendant International Railway Company. Judgment reversed and complaint dismissed as to the defendant Erie Railroad Company, with costs, including costs of this appeal. All concurred.

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Per Curiam:

While the Erie Railroad Company was obligated to maintain a fence, it was not liable for the killing of the plaintiff’s cow, because it was not killed by the agents, engines or ears of the Erie Company. It was the duty of the International Railway Company to fence its tracks, and it was not relieved from that obligation as to the plaintiff by any arrange, ment it may have had with the Brie Company respecting the maintenance of the fences; and the cow having been killed upon the tracks, and by the car, of the International Railway Company, it is liable therefor. Judgment affirmed, with costs as to the defendant International Railway Company. Judgment reversed and complaint dismissed as to the defendant Erie Railroad Company, with costs, including costs of this appeal. All concurred.

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Bluebook (online)

169 A.D. 916, 157 N.Y.S. 433, Counsel Stack Legal Research, https://law.counselstack.com/opinion/kagelmacher-v-erie-railroad-co-nyappdiv-1915.