Tifft v. Tifft
New York Supreme Court
Error to Rensselaer C. P. Simon Tifft sued John Tifft in trespass before a justice, and declared as follows: “ The plaintiff in this cause declares against the defendant in this cause in action of trespass as follows, to wit, that on or about the 3d day of August, 1843, the plaintiff in this cause was owner of a certain swine,.in the town of Nassau and in said county, of great value, to wit, worth $15, and the said defendant or his family did then and there beat and wound…
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Error to Rensselaer C. P. Simon Tifft sued John Tifft in trespass before a justice, and declared as follows: “ The plaintiff in this cause declares against the defendant in this cause in action of trespass as follows, to wit, that on or about the 3d day of August, 1843, the plaintiff in this cause was owner of a certain swine,.in the town of Nassau and in said county, of great value, to wit, worth $15, and the said defendant or his family did then and there beat and wound and set his dog on said swine in such a cruel and unlawful manner that the said swine soon died. Also for various other…
1Opinion of the Court
By the Court, Bronson, Ch. J.
The defendant was not answerable for the act of his daughter, done in his absence, and without his authority or approval;(a) but the daughter, whether an infant or not, was answerable for her own trespass.(b) Nor was the defendant answerable for the act of his dog. There was no proof that the animal was accustomed to do any kind of mischief; and, of course, there was no proof that the defendant knew the dog had any vicious habit.(c) In short, there was no foundation whatever for the action. All this is sub stantially admitted in the elaborate and able argument…
2Cases cited6 opinions
- Campbell v. StakesCourt for the Trial of Impeachments and Correction of Errors · 1828
- Potter v. DeyoNew York Supreme Court · 1838
- Vrooman v. LawyerNew York Supreme Court · 1816
- Ely v. Van BeurenNew York Supreme Court · 1805
- Hardy v. RoweNew York Supreme Court · 1831
1 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Rozell v. RozellNew York Court of Appeals · 1939
- Steinberg v. CauchoisAppellate Division of the Supreme Court of the State of New York · 1937
- Board of Education v. PurseSupreme Court of Georgia · 1897
- Cohen v. CarpenterAppellate Division of the Supreme Court of the State of New York · 1908
- Boyce v. BrownNew York Supreme Court · 1849
14 more not listed; retrieve them via the Exa API.