Legal Opinion

Laguttuta v. Chisolm

Appellate Division of the Supreme Court of the State of New York

Decided July 1, 1901PublishedCited by 8 opinions

Appeal by the plaintiff, Andrew Laguttuta, an infant, by Joseph Laguttuta, his guardian ad litem, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Hew York on the 15th day of March, 1901, upon the dismissal of the complaint by direction of the court after a trial at the Hew York Trial Term, and also from an order entered in said clerk’s office on the 1st day of April, 1901, denying the plaintiff’s motion for…

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Appeal by the plaintiff, Andrew Laguttuta, an infant, by Joseph Laguttuta, his guardian ad litem, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of Hew York on the 15th day of March, 1901, upon the dismissal of the complaint by direction of the court after a trial at the Hew York Trial Term, and also from an order entered in said clerk’s office on the 1st day of April, 1901, denying the plaintiff’s motion for a new trial made upon the minutes.

1Opinion of the Court

Ingraham, J.:

The action was brought to recover for the damages sustained by the plaintiff by reason of the bite of a dog owned by the defendant Wilson. There was no motion for a nonsuit at the end of the plaintiff’s case, but after the evidence was all in, the defendants moved for the direction of a verdict, which motion was granted as to both of the defendants. It seems that the defendant Wilson was in possession of certain premises in East Eleventh street, in the city of Hew York, and owned and maintained upon the premises a watch dog, usually kept chained in the daytime. Upon these…

2Cases cited3 opinions

  1. Brice v. . BauerNew York Court of Appeals · 1888
  2. Buckley v. LeonardNew York Supreme Court · 1847
  3. Marsh v. . HandNew York Court of Appeals · 1890

3Cited by8 opinions

  1. Strunk v. ZoltanskiNew York Court of Appeals · 1984
  2. Zwinge v. LoveAppellate Division of the Supreme Court of the State of New York · 1971
  3. Gilbert v. ChristiansenSupreme Court of Minnesota · 1977
  4. Perrotta v. PiccianoAppellate Division of the Supreme Court of the State of New York · 1919
  5. Strunk v. ZoltanskiAppellate Division of the Supreme Court of the State of New York · 1983

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