Brousseau v. Rosenthal
Civil Court of the City of New York
1Opinion of the Court
OPINION OF THE COURT
Margaret Taylor, J.
This small claims action presents the question of how to make plaintiff whole in dollars for the defendant’s negligence in causing the death of plaintiff’s dog.
The evidence adduced at trial shows that on July 28, 1979 Ms. Brousseau delivered her healthy, eight-year-old dog for boarding at Dr. Rosenthal’s kennel. When she returned to the kennel on August 10, she was told that her dog had died on August 6. In this bailment for mutual benefit, defendant will be held only to a standard of ordinary care. (Aronette Mfg. Co. v Capitol Piece Dye Works, 6 NY2d…
2Cases cited10 opinions
- Millington v. Southeastern Elevator Co.New York Court of Appeals · 1968
- Liff v. SchildkroutNew York Court of Appeals · 1980
- Procter & Gamble Distributing Co. v. Lawrence American Field Warehousing Corp.New York Court of Appeals · 1965
- Dalton v. Hamilton Hotel Operating Co., Inc.New York Court of Appeals · 1926
- Aronette Manufacturing Co. v. Capitol Piece Dye Works, Inc.New York Court of Appeals · 1959
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3Cited by11 opinions
- Carla Strickland v. Kathryn and Jeremy MedlenTexas Supreme Court · 2013
- Jankoski v. Preiser Animal Hospital, Ltd.Appellate Court of Illinois · 1987
- Kaufman v. LanghoferCourt of Appeals of Arizona · 2009
- Pickford v. MasionCourt of Appeals of Washington · 2004
- Gluckman v. American Airlines, Inc.District Court, S.D. New York · 1994
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