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France v. Erie Railway Co.

9 N.Y. Sup. Ct. 513 Court N.Y. Sup. Ct. English

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p. 513
ALONZO FRANCE, Respondent, v. THE ERIE RAILWAY COMPANY, Appellant.

Headnote

Indian reservation—power of State to construct highway in—Railway compa/ny— duty to heap roadway in repavr—Presumption as to negligence.
In an action to recover for injuries sustained by a horse of the plaintiff in crossing defendant’s tracks, at their intersection with a highway in the Cattaraugus Indian Reservation, held (1), that the State had power to construct a highway in such reservation;[1] (2), that the defendant was liable for a neglect to keep its roadway in repair; and that a presumption of negligence arises from the existence of a defect, and the fact that an injury was caused thereby,[2]
p. 514
Appeal from a judgment of the Cattaraugus County Court, entered upon the verdict of a jury; and from an- order denying a motion for a new trial.
John B. Ganson, for the appellant.
Ansley & Vreeland, for the respondent.

Opinion by Gilbert, J.

Judgment and order denying a new trial affirmed.