Legal Opinion

Kinmouth v. McDougall

New York Supreme Court

Decided July 2, 1892Published

Appeal from judgment on report of referee. Action by Elizabeth C. Kinmouth against William McDougall for injuries-caused by a vicious ram belonging,to defendant. From a judgment for plaintiff, entered upon a referee’s report, defendant appeals.

1Opinion of the CourtMayham, P. J.

The plaintiff prosecuted this action to recover damages for an injury-which she suffered by being butted or struck by a vicious ram, which she alleges the defendant suffered to run at large, knowing that it was accustomed to butt persons. The answer was a denial, and also,that the-plaintiff by her own negligence contributed to the injury of which she complains. The trial disclosed that the plaintiff was a public school teacher, and that the farm of the defendant adjoined the schoolhouse lot, between which, and the schoolhouse there was no fence; that the plaintiff, while on her way to the…

2Cases cited4 opinions

  1. Van Leuven v. Lyke & DumondNew York Court of Appeals · 1848
  2. Oakes v. SpauldingSupreme Court of Vermont · 1867
  3. Marsh v. . HandNew York Court of Appeals · 1890
  4. Loomis v. TerryNew York Supreme Court · 1837

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