Corwin Against the New-York and Erie Railroad Company.

Summary

The New York Court of Appeals affirmed the referee's judgment, holding that the railroad corporation is liable for injuries to the plaintiff's oxen because it failed to erect and maintain fences and cattle guards required by § 44 of the General Railroad Act, and the statute imposes liability regardless of the plaintiff's negligence. The court reversed the Supreme Court's dismissal and emphasized the public purpose of the statutory duty.