Fairchild v. Bentley
New York Supreme Court
THIS is an action on the case to recover damages for the bite of a dog. The cause was tried' at the Cortland circuit, July, 1857, before Justice Mason, and a verdict rendered for the plaintiff against the defendant Bentley, for #50 damages. The defendant Sweet was acquitted on the trial, there being no evidence against him, The court ordered a stay of proceedings, and that the cause he heard in the first instance at general term.
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THIS is an action on the case to recover damages for the bite of a dog. The cause was tried' at the Cortland circuit, July, 1857, before Justice Mason, and a verdict rendered for the plaintiff against the defendant Bentley, for #50 damages. The defendant Sweet was acquitted on the trial, there being no evidence against him, The court ordered a stay of proceedings, and that the cause he heard in the first instance at general term. The plaintiff in his complaint, after setting forth that the dog attacked and bit him, proceeds to say: “And said plaintiff further alleges, that before, and at the…
1Opinion of the CourtCampbell, J.
The complaint in this cause states two grounds on which a recovery is claimed : First, that the defendant wrongfully and without leave, having in his possession and keeping a large, cross, ferocious and dangerous dog, entered upon the premises of the plaintiff’s father, and where the plaintiff was employed and lived with his father, whereupon the dog, without provocation and without the fault of the plaintiff, ferociously attacked and bit him ; and, second, that before and at the time of the injury, the defendant well knew that the dog was ferocious and dangerous, and accustomed to bite…
2Cases cited1 opinion
- McDonald v. EdgertonNew York Supreme Court · 1849
3Cited by5 opinions
- Beckett v. BeckettSupreme Court of Missouri · 1871
- Feick v. AndelCity of New York Municipal Court · 1884
- Hollenbeck v. JohnsonNew York Supreme Court · 1894
- Laverty v. HoganCity of New York Municipal Court · 1885
- People v. Brede, New York County Courts1897