
    ALONZO FRANCE, Respondent, v. THE ERIE RAILWAY COMPANY, Appellant.
    
      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;  (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, 
    
    
      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.
    
      
      O’Mara v. Commissioners, 3 N. Y. Sup. Ct. Rep., 236.
    
    
      
       Werster v. Forty-second Street R. R. Co., 50 N. Y., 203.
    
   Opinion by Gilbert, J.

Judgment and order denying a new trial affirmed.  