Hahnke v. . Friederich
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the iifth judicial department, entered upon an order made January 31, 1898, which affirmed a judgment in favor of plaintiff entered upon a verdict. This action was brought to recover damages alleged to have been caused by defendant’s negligence. The facts, so far as material, are stated in the opinion. Scienter is the gist of actions like the case at bar.
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Appeal from judgment of the General Term of the Supreme Court in the iifth judicial department, entered upon an order made January 31, 1898, which affirmed a judgment in favor of plaintiff entered upon a verdict. This action was brought to recover damages alleged to have been caused by defendant’s negligence. The facts, so far as material, are stated in the opinion. Scienter is the gist of actions like the case at bar. The notice which will charge the owner with liability for the vicious conduct of an animal must be notice that it was inclined to do the particular mischief which was done.…
1Opinion of the CourtO’Brien, J.
The plaintiff, a girl of about seven years of age, recovered a verdict of $500 against the defendant impersonal injuries inflicted upon her, as she claims, by a vicious mastiff dog kept by the defendant. The testimony showed that the plaintiff lived with her parents in a house rented to them by the defendant and in the .rear of the defendant’s residence and barn, no fence separating the lots. The defendant was a mason and contractor, keeping several horses and large quantities of tools and other property in the barn, and he procured the dog about a month before the date of the injury to the…
2Cases cited3 opinions
- Brice v. . BauerNew York Court of Appeals · 1888
- Quilty v. . BattieNew York Court of Appeals · 1892
- Jacoby v. OckerhausenNew York Supreme Court · 1891
3Cited by22 opinions
- Collier v. ZambitoNew York Court of Appeals · 2004
- DiGrazia v. CastronovaAppellate Division of the Supreme Court of the State of New York · 1975
- Andrews v. Jordan Marsh Co.Massachusetts Supreme Judicial Court · 1933
- Lagoda v. DorrAppellate Division of the Supreme Court of the State of New York · 1967
- Perrotta v. PiccianoAppellate Division of the Supreme Court of the State of New York · 1919
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