Earl v. Van Alstine
New York Supreme Court
This action was commenced in a justice’s court. The complaint ailedged that the defendant was the owner of 15 hives of bees, which he wrongfully kept in his yard adjoining the public highway, and that the plaintiff’s horses, while travelling along the highway and passing the place where the bees were kept, were attacked and stung so severely that one of them died and the other was greatly injured, &c. The answer denied the charge contained in the complaint.
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This action was commenced in a justice’s court. The complaint ailedged that the defendant was the owner of 15 hives of bees, which he wrongfully kept in his yard adjoining the public highway, and that the plaintiff’s horses, while travelling along the highway and passing the place where the bees were kept, were attacked and stung so severely that one of them died and the other was greatly injured, &c. The answer denied the charge contained in the complaint. Upon the trial, the keeping of the bees as alledged, and the injury to the horses, were proved, and the plaintiff recovered judgment for…
1Opinion of the Court
By the Court, Selden, J.
This case presents two questions; 1. Is any one who keeps bees liable, at all events, for the inju*631ries they may do 1 and 2. Did the defendant keep these bees in an improper manner or place, so as to render him liable on that account?
It is insisted by the plaintiff that while the proprietor of animals of a tame or domestic nature domitce naturae, is liable for injuries done by them, (aside from trespasses upon the soil,) only after notice of some vicious habit or propensity of such animal; that one who keeps animals ferae naturae is responsible at all events for any…
2Cases cited1 opinion
- Vrooman v. LawyerNew York Supreme Court · 1816
3Cited by22 opinions
- Muller v. . McKessonNew York Court of Appeals · 1878
- Candler v. SmithCourt of Appeals of Georgia · 1935
- Klenberg v. RussellIndiana Supreme Court · 1890
- Parsons v. ManserSupreme Court of Iowa · 1903
- MELSHEIMER v. SULLIVAN.Colorado Court of Appeals · 1891
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