Gibbons v. Van Alstyne
New York Supreme Court
Appeal from county court. Action by John Gibbons against Edward P. Van Alstyne. A verdict and judgment rendered in favor of defendant in the justice’s court was reversed by the county court,and defendant appeals.
1Opinion of the CourtFish, J.
The plaintiff in the justice’s court complained that on or about the 11th of November, 1888, the defendant wrongfully enteredo the premises *157of plaintiff, and then and there wrongfully shot and killed plaintiff’s dog, to his damage of $50, and demanded judgment accordingly. The evidence was clear and undisputed that defendant did, early in the morning of November 11th, come upon plaintiff’s premises with a shotgun, with hostile intention and purpose, and there shot and killed the plaintiff’s dog. It was a clear case of trespass upon plaintiff’s land, for which defendant was liable. Even if the…
2Cases cited5 opinions
- Mandeville v. . ReynoldsNew York Court of Appeals · 1877
- Taylor v. BetsfordNew York Supreme Court · 1816
- Benson v. ClarkNew York Supreme Court · 1823
- Vallen v. McGuireNew York Supreme Court · 1888
- Valentine v. KellyNew York Supreme Court · 1889
3Cited by8 opinions
- People v. BrunemanCalifornia Court of Appeal · 1935
- People v. ClarkCalifornia Court of Appeal · 1938
- People v. Soule, New York County Courts1913
- Kehrley v. ShaferNew York Supreme Court · 1895
- Thompson v. SheridanNew York Supreme Court · 1894
3 more not listed; retrieve them via the Exa API.