Auchmuty v. Ham
Court for the Trial of Impeachments and Correction of Errors
Error to the Dutchess common pleas. Ham sued Auchmuty in November, 1843, before a justice of the peace in an action on the case for knowingly keeping a dog accustomed to bite sheep, whicli dog bit one nundred of the plaintiff’s sheep, fifty of which died, and the residue were greatly injured.
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Error to the Dutchess common pleas. Ham sued Auchmuty in November, 1843, before a justice of the peace in an action on the case for knowingly keeping a dog accustomed to bite sheep, whicli dog bit one nundred of the plaintiff’s sheep, fifty of which died, and the residue were greatly injured. Second count, for that whereas, a certain dog, the property of the defendant, bit, killed and wounded ten sheep of the plaintiff, without any averment that the defendant was acquainted with the vicious propensities of the animal. Third count, substantially like the second—damages claimed to one hundred…
1Opinion of the Court
By the Court, Jewett, J.
The common law holds the owner of a dog accountable upon the ground of negligence for any injury committed by him, by biting the person or cattle of another and the like, if he knew or had notice that the animal was accustomed to such or similar mischief. But without proof of knowledge or notice of such propensities the owner is not liable. (Vrooman v. Lawyer, 13 John. R. 339; Hinckley v. Emerson, 4 Cowen, 351; Smith v. Pelah, 2 Strange, 1264.)
An exception to the rule requiring such knowledge or notice of the mischievous habits of a dog in case of injuries by killing…
2Cases cited1 opinion
- Van Steenburgh v. TobiasNew York Supreme Court · 1837
3Cited by27 opinions
- Slater v. . MersereauNew York Court of Appeals · 1876
- Little Schuylkill Navigation, Railroad & Coal Co. v. Richards's AdministratorSupreme Court of Pennsylvania · 1868
- Twigg v. RylandCourt of Appeals of Maryland · 1884
- Gallagher v. Kemmerer, Pennsylvania Court of Common Pleas, Luzerne County1891
- Watson v. Colusa-Parrot Mining & Smelting Co.Montana Supreme Court · 1905
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