Austin v. . Bartlett
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 27, 1902, modifying and affirming as modified a judgment in favor of plaintiff entered upon a verdict and affirming an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 27, 1902, modifying and affirming as modified a judgment in favor of plaintiff entered upon a verdict and affirming an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The conversation between Henry Hinckley and "the plaintiff, objected to by defendant and admitted and retained in the case by the court, was clearly incompetent and improper and it was error to receive it. (Waldele v. N. Y. C. & H. R.…
1Opinion of the CourtVann, J.
The plaintiff alleged in her complaint that on and for a long time prior to the fourth of September, 1889, the defendant kept on his farm in the town of Winfield, Herkimer county, a savage dog, which, to his knowledge, was accustomed to rush out and bite horses passing along on the public highway. At about sundown on the day last named, while she was driving on the street in front of. the defendant’s residence, said dog flew out and bit her horse, causing him to run away and throw her out, whereby she was seriously injured. The defendant denied every allegation of the complaint and alleged…
2Cases cited6 opinions
- Kay v. Metropolitan Street Railway Co.New York Court of Appeals · 1900
- Waldele v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1884
- Martin v. . N.Y., N.H. H.R.R. Co.New York Court of Appeals · 1886
- Sherman v. . D., L. W.R.R. Co.New York Court of Appeals · 1887
- Smith v. . Lehigh Valley R.R. Co.New York Court of Appeals · 1904
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3Cited by5 opinions
- Gearty v. . Mayor, Etc., of New YorkNew York Court of Appeals · 1905
- Burke v. Borden's Condensed Milk Co.Appellate Division of the Supreme Court of the State of New York · 1904
- Connolly v. . Brooklyn Heights R.R. Co.New York Court of Appeals · 1904
- Wolfe v. Madison Avenue Coach Co.Appellate Terms of the Supreme Court of New York · 1939
- Yarborough v. CattaniNew York Supreme Court · 2014