Putnam v. Payne
New York Supreme Court
ÍN ERROR, oft certiorari to a justice’s court. The defendant in error brought an Action, in the court below, against the plaintiff in error, for killing his dog. It was prayed*, at the-trial, that the dog Was very vicious, and frequently-, attacked persons passing in the street, in Lcmsmgburgh, where the parties resided. The plaintiff below had frequently been notified of the ferocious acts of his dog, and had been requested by the neighbours -ter kill or confine him.
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ÍN ERROR, oft certiorari to a justice’s court. The defendant in error brought an Action, in the court below, against the plaintiff in error, for killing his dog. It was prayed*, at the-trial, that the dog Was very vicious, and frequently-, attacked persons passing in the street, in Lcmsmgburgh, where the parties resided. The plaintiff below had frequently been notified of the ferocious acts of his dog, and had been requested by the neighbours -ter kill or confine him. The dog in question.had been bitten,, á few days before lie was killed, by a mad. dog. There being a very great alarm in the…
1Per curiam
It is unnecessary, in -this case,' to decide whe- ‘ ther the act complained of could be justified under the by-law of the. corporation.
The defendant was fully justified in killing the dog, under the circumstances Of the cáse, upon common law principles. The dog was, generally, a dangerous' and unruly animal* and his owner knew it; yet he permitted him to run at large* or kept him so negligently, that he escaped from his confinement. Such negligence was. wanton and cruel, and fully justified the defendant in killing, the dog as a nuisance. The public safety demands this rule. It is little…
2Cited by12 opinions
- Sentell v. New Orleans & Carrollton R. Co.Supreme Court of the United States · 1897
- Blair v. ForehandMassachusetts Supreme Judicial Court · 1868
- Woolf v. ChalkerSupreme Court of Connecticut · 1862
- Meibus v. DodgeWisconsin Supreme Court · 1875
- Aldrich v. WrightSupreme Court of New Hampshire · 1873
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