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GONSENHAUSER v. N. Y. CENT. R. R. CO.

8 A.D.2d 483 (1959)

Max Gonsenhauser, Respondent, v. New York Central Railroad Company, Appellant

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

July 9, 1959.

Attorney(s) appearing for the Case

Harris, Beach, Keating, Wilcox, Dale & Linowitz (Thomas M. Hamson of counsel), for appellant.

Cucci, Welch & Boehm (David O. Boehm of counsel), for respondent.

Present — KIMBALL, J. P., WILLIAMS, BASTOW, GOLDMAN and HALPERN, JJ.

HALPERN, J.

This action was brought to recover damages for injuries alleged to have been sustained by the plaintiff's cows while they were on the defendant's right of way.

The negligence charged against the defendant was the failure to maintain in good condition, pursuant to section 52 of the Railroad Law, a railroad fence between the railroad right of way and the land of one Lovejoy, on which the plaintiff...

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