Gardner v. H. C. Bohack Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, H. C. Bohack Company, Inc., from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Kings on the 11th day of May, 1916, upon the verdict of a jury for $500, and also from an order entered in said clerk’s office on the same day denying defendant’s motion for a new trial made upon the minutes.
1Dissent
Blackmar, J. (dissenting):
It is lawful to keep domestic animals which furnish aid, comfort or pleasure to mankind; and if injury is done to others thereby, the owner, or the one who harbors them, is not necessarily liable. If their natural propensities are such that they may, under certain circumstances, injure others, the owner is bound to use reasonable care to restrain them. If such care is lacking, it is negligence; 'and if injury results, the owner must answer to the result of such negligence. To an action based on such negligence, contributory negligence is a defense. Such, for…
2Cases cited6 opinions
- Lynch v. . McNallyNew York Court of Appeals · 1878
- Hammond v. MeltonAppellate Court of Illinois · 1891
- Mills v. BunkeAppellate Division of the Supreme Court of the State of New York · 1901
- Duval v. BarnabyAppellate Division of the Supreme Court of the State of New York · 1902
- Simpson v. GriggsNew York Supreme Court · 1890
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