Woodbridge v. Marks
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, William D. Marks, from a judgment of the Supreme Court iii favor of the plaintiff, entered in the'office of the clerk of the county of Essex on the 2d day of October, 1896, upon the verdict of a jury, with notice of an intention to bring up for review upon such appeal an order denying the defendant’s motion for a new trial made upon the minutes. . The action was for damages caused by the bite of a dog owned by the defendant.
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Appeal by the defendant, William D. Marks, from a judgment of the Supreme Court iii favor of the plaintiff, entered in the'office of the clerk of the county of Essex on the 2d day of October, 1896, upon the verdict of a jury, with notice of an intention to bring up for review upon such appeal an order denying the defendant’s motion for a new trial made upon the minutes. . The action was for damages caused by the bite of a dog owned by the defendant. Such dog was kept as a watch dog by the defendant, and, at the time of the injury, was chained upon his premises. Plaintiff had entered upon such…
1Opinion of the Court
Parker, P. J.:
Upon the trial of this action, in addition to some direct evidence of their vicious character, it appeared that the dogs in question were procured by defendant for the purpose of guarding his premises, and were kept chained by him day and night; There was snR ficient proof, therefore, to warrant the conclusion of- the- jury that the dogs were vicious, and were known/to their, owner to be such. (Brice v. Bauer, 108 N. Y. 428; Hahnke v. Friederich, 140 id. 224.) And- upon this, appeal we must assume such to have been the fact. '
It is well settled that -a vicious dog running at…
2Cases cited6 opinions
- Muller v. . McKessonNew York Court of Appeals · 1878
- Brice v. . BauerNew York Court of Appeals · 1888
- Murphy v. . City of BrooklynNew York Court of Appeals · 1890
- State v. RemhoffSupreme Court of New Jersey · 1893
- Farley v. PicardNew York Supreme Court · 1894
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Bramble v. ThompsonCourt of Appeals of Maryland · 1972
- Alfano v. StutsmanIndiana Court of Appeals · 1984
- Alfano v. StutsmanIndiana Court of Appeals · 1984
- Doehring v. WagnerCourt of Special Appeals of Maryland · 1989
- Doehring v. WagnerCourt of Special Appeals of Maryland · 1989
3 more not listed; retrieve them via the Exa API.