New York Supreme Court December 10, 1890 (Diamond Brick Co. v. New York Central & Hudson River Railroad)

Barnard, P. J.

The West Shore Railroad runs through the farm of Emma Reed. The railroad fenced its track, and left a gate for the use of the farm owners. The Diamond Brick Company, by the permission of the owner, had pastured a horse upon the Reed farm. The field in which the horse was pastured ran back to the railroad. The gate in question was a part of the fencing when it was shut.