Austin v. Bartlett
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Rush Bartlett, from a judgment of the Supreme Court in favor of the plaintiff, entered, in the office of the clerk of the county of Herkimer on the 12th day of December, 1892, upon the verdict of a jury for. $8,000, and also from an order entered in said clerk’s office on the 13th day of December, 1892, deny-. ing the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Hiscock, J.:
While plaintiff with her mother upon September 4, 1889, was-upon the highway in Herkimer county passing defendant’s premises in a cart drawn by one horse, a dog ran át and. attacked the horse, frightening him and causing him to run away. Plaintiff was thrown-out and received severe injuries, especially on one of her knees. Plaintiff claimed, and gave' much evidence to prove that the dog which attacked her ran out from defendant’s premises, belonged to him, and for a long time, with express notice to and knowledge by defendant, had been accustomed to indulge in this pernicious…
2Cases cited1 opinion
- Quilty v. . BattieNew York Court of Appeals · 1892
3Cited by1 opinion
- Lauck v. Metropolitan Street Railway Co.Appellate Terms of the Supreme Court of New York · 1902