Van Etten v. Noyes
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Sarah Noyes, from a judgment of the County Court of Steuben county in favor of the plaintiff, entered in the office of the clerk of said county on the 12th day of March, 1907, upon the verdict of a jury for sixty-five dollars, after a new trial duly demanded in said court, on an appeal from Justice’s Court, and also from an. order entered in said clerk’s office on the 5th day of March, 1907, denying the defendant’s motion for a new trial made upon,…
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Appeal by the defendant, Sarah Noyes, from a judgment of the County Court of Steuben county in favor of the plaintiff, entered in the office of the clerk of said county on the 12th day of March, 1907, upon the verdict of a jury for sixty-five dollars, after a new trial duly demanded in said court, on an appeal from Justice’s Court, and also from an. order entered in said clerk’s office on the 5th day of March, 1907, denying the defendant’s motion for a new trial made upon, the minutes.
1Opinion of the Court
Kruse, J. :
The plaintiff’s cow was bitten by a mad dog. The disease from which the dog was suffering was communicated thereby to the cow, and she died. The plaintiff claims that the defendant owned or harbored the dog, and seeks to recover the value of the cow.
While the evidence is sufficient to establish the fact that the defendant owned or harbored the dog, we are, nevertheless, of the opinion that the plaintiff has failed to establish any liability against the defendant, for the reason that the evidence fails to show that the defendant knew or had any reason to believe that the dog was…
2Cases cited2 opinions
- Elliott v. HerzMichigan Supreme Court · 1874
- O'Connell v. JarvisAppellate Division of the Supreme Court of the State of New York · 1897
3Cited by5 opinions
- Clinkenbeard v. ReinertSupreme Court of Missouri · 1920
- Legault v. MalackerWisconsin Supreme Court · 1917
- Bischoff v. CheneySupreme Court of Connecticut · 1914
- Olson v. PedersonSupreme Court of Minnesota · 1939
- Legault v. MalackerWisconsin Supreme Court · 1917