Wilbur v. Hubbard
New York Supreme Court
THIS action was brought before a justice of the peace to recover damages for the defendant’s dog killing and wounding the plaintiff’s sheep. The plaintiff recovered a judgment for $12 damages and $5 costs, which was affirmed hy the Otsego county court. The defendant appealed from the judgment of the county court to this court.
1Opinion of the Court
By the Court, Balcom, P. J.
The most material question in this case is whether the defendant’s dog was one of the two that wounded and killed the plaintiff’s sheep. The sheep were wounded and killed in the night of the 8th of August, 1860; and there is some evidence that the defendant’s dog was not at home that night, and that it was a “sheep killing dog.” Borne of the witnesses said the defendant’s dog had a “very coarse voicethat they could identify it hy its hark, and heard the harking of a dog in the lot where the sheep were the night they were wounded and killed, which they thought was…
2Cited by11 opinions
- People v. . RoachNew York Court of Appeals · 1915
- Darling v. WestmorelandSupreme Court of New Hampshire · 1872
- Nelson v. NugentWisconsin Supreme Court · 1900
- People v. JonesAppellate Division of the Supreme Court of the State of New York · 1939
- Nohre v. WrightSupreme Court of Minnesota · 1906
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