New York Supreme Court, 1893

Ham v. Newburg, Dutchess & Connecticut Railroad

New York Supreme Court · Decided May 8, 1893 · Pbatt

23 N.Y.S. 197; 69 Hun 137; 76 N.Y. Sup. Ct. 137; 52 N.Y. St. Rep. 536 (New York Supplement)

Counsel

W. S. Eno, (Milton A. Fowler, of counsel,) for appellant., Hackett & Williams, for respondent.

Opinion of the Court

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.

Case-law data current through December 31, 2025. Source: CourtListener bulk data.