People v. . Davis
New York Court of Appeals
Appeal from a judgment, entered January 26, 1920, upon an order of the "Appellate Division of the Supreme Court in the third judicial department, reversing a judgment in favor of plaintiff entered upon a verdict and directing a dismissal of the compjaint. The jury has found that the defendant condemned the cows for tuberculosis, and inflicted the penalty for failure to report them. Whether the cows were in fact so diseased is immaterial. (Cons.
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Appeal from a judgment, entered January 26, 1920, upon an order of the "Appellate Division of the Supreme Court in the third judicial department, reversing a judgment in favor of plaintiff entered upon a verdict and directing a dismissal of the compjaint. The jury has found that the defendant condemned the cows for tuberculosis, and inflicted the penalty for failure to report them. Whether the cows were in fact so diseased is immaterial. (Cons. Laws, ch. 1, §§ 93, 98, 101, 102.) A verdict that is clearly against the instructions should be set aside. (Cavin v. O’Rourke Eng. Co., 116 N. Y.…
1Opinion of the CourtMcLaughlin, J.
This action was brought to recover penalties for a violation of. the Agricultural Law (Cons. Laws, chap. 1; Laws of 1909, chap. 9). The complaint set out four causes of action, but at the conclusion of the evidence the plaintiff elected to go to the jury on only the first and fourth.
The first cause of action alleges, in substance, that the defendant, at the time stated in the complaint, was a duly licensed veterinarian, practicing as such at Sidney, N. Y.; that on the 1st of May, 1916, as such veterinarian, he went to the farm of one George W. Fenner; that after examining his herd of cows he…
2Cases cited9 opinions
- Sullivan v. . DunhamNew York Court of Appeals · 1900
- McKinley v. . HessenNew York Court of Appeals · 1911
- Hopkins v. . ClarkNew York Court of Appeals · 1899
- City of Buffalo v. New York, Lake Erie & Western RailroadNew York Court of Appeals · 1897
- Sigua Iron Co. v. . BrownNew York Court of Appeals · 1902
4 more not listed; retrieve them via the Exa API.
3Cited by7 opinions
- Miller v. MillerNew York Court of Appeals · 1986
- Bintz v. City of HornellAppellate Division of the Supreme Court of the State of New York · 1945
- Murtha v. . RidleyNew York Court of Appeals · 1922
- Galusha v. SchurAppellate Division of the Supreme Court of the State of New York · 1964
- Atkinson v. SandersNew York Court of Appeals · 1928
2 more not listed; retrieve them via the Exa API.