Quilty v. . Battie
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made September 8, 1891, which affirmed a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the third judicial department, entered upon an order made September 8, 1891, which affirmed a judgment in favor of plaintiff entered upon a verdict. The nature of the action and the facts, so far as material, are stated in the opinion. The court erred in holding that the defendant Bebecca B. Battie, being a married woman, living with her husband upon premises which she owned, was liable for an injury caused by the bite of a dog owned by her husband, and kept by him upon her premises. (Koney v. Ward, 36 How. Pr. 255 ; Dickson v.…
1Opinion of the CourtMaynard, J.
The plaintiff has recovered against both defendants, who are husband and wife, for injuries resulting from the bite of a vicious dog.
The liability of the wife is disputed on the grounds that she is a married woman; that the dog belonged to her husband, and that she is not responsible for the trespasses committed by it. There is no conflict in the evidence upon any material point affecting her liability. She had been the owner of the premises where the dog was kept since December, 1887. They formerly belonged to her husband, and when she acquired title the dog remained there and was fed and…
2Cases cited4 opinions
- Rowe v. . SmithNew York Court of Appeals · 1871
- Baum v. . MullenNew York Court of Appeals · 1872
- Commonwealth v. WoodMassachusetts Supreme Judicial Court · 1867
- Minier v. MinierNew York Supreme Court · 1870
3Cited by40 opinions
- Hageman v. VanderdoesArizona Supreme Court · 1914
- Barber v. HochstrasserSupreme Court of New Jersey · 1947
- Hahnke v. . FriederichNew York Court of Appeals · 1893
- Christensen v. McCann Et Ux.Wyoming Supreme Court · 1929
- Curtis v. AshworthSupreme Court of Georgia · 1928
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