Buckley v. Leonard
New York Supreme Court
Error to the Columbia common pleas. Buckley sued Leonard before a justice and declared for that the defendant kept a certain dog which he knew was used and accustomed to attack and bite mankind, and that on the 10th of August, 1845, the dog attacked and bit the plaintiff, by means of which he became lame, The general issue was pleaded, with notice that the defendant, when bitten, was trespassing upon the plaintiff’s premises.
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Error to the Columbia common pleas. Buckley sued Leonard before a justice and declared for that the defendant kept a certain dog which he knew was used and accustomed to attack and bite mankind, and that on the 10th of August, 1845, the dog attacked and bit the plaintiff, by means of which he became lame, The general issue was pleaded, with notice that the defendant, when bitten, was trespassing upon the plaintiff’s premises. On the trial, which was by jury, the plaintiff proved that while he was passing through a yard used in common by the defendant and by a family which occupied an…
1Opinion of the Court
By the Court, Jewett, J.
It is a well settled principle of the common law that the owner of a domestic animal is answerable for any injury committed by it, to the person or property of another, if he had notice that the animal was accustomed to such or similar mischief. (Auchmuty v. Ham, 1 Denio, 495; Loomis v. Terry, 17 Wend. 496; Smith v. Pelah, 2 Strange, 1264.) In the last mentioned case, Lee, C. J., ruled “that if a dog has once bit a man, and the owner having notice thereof, keeps the dog, and lets him go about or lie at his door, an action will lie against him at the suit of a person…
2Cases cited1 opinion
- Auchmuty v. HamCourt for the Trial of Impeachments and Correction of Errors · 1845
3Cited by24 opinions
- Brice v. . BauerNew York Court of Appeals · 1888
- Godeau v. BloodSupreme Court of Vermont · 1880
- Domm v. HollenbeckIllinois Supreme Court · 1913
- Perrotta v. PiccianoAppellate Division of the Supreme Court of the State of New York · 1919
- Crowley v. GroonellSupreme Court of Vermont · 1901
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