Dieterich v. . Fargo
New York Court of Appeals
Appeal from a judgment, entered October 9,1907, upon an order of the Appellate Division of the Supreme Court in the first judicial department, which affirmed an interlocutory judgment of Special Term sustaining a demurrer to the complaint. The nature of the action and the facts, so far as material, are stated in the opinion. The statute, as construed by the lower courts, is in- derogation of common-law rights. (2 Black. Comm. 391—393; 2 Am. & Eng.
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Appeal from a judgment, entered October 9,1907, upon an order of the Appellate Division of the Supreme Court in the first judicial department, which affirmed an interlocutory judgment of Special Term sustaining a demurrer to the complaint. The nature of the action and the facts, so far as material, are stated in the opinion. The statute, as construed by the lower courts, is in- derogation of common-law rights. (2 Black. Comm. 391—393; 2 Am. & Eng. Ency. of Law, 342; Goff v. Kilts, 15 Wend. 550 ; Blades v. Higgs, 11 H. L. Cas. 621; James v. Wood, 8 L. R. A. 448 ; Ulery v. Jones, 81 Ill. 403 ;…
1Opinion of the CourtWillard Bartlett, J.
Mr. Charles F. Dieterich, the plaintiff in this action, owns and maintains a private deer park at Millbrook in Dutchess county, about 2,400 acres in extent, completely surrounded by a strong steel wire fence eight or nine feet in height. In this park he keeps 200 deer “ The deer contained in the said park are domestic animals consisting of a few domesticated deer purchased by the plaintiff outside of the state of Hew York at the time when the said park was created, but almost entirely of deer bred in confinement in the said park since that time.” These deer breed very rapidly and unless a…
2Cases cited2 opinions
- New York Ex Rel. Silz v. HesterbergSupreme Court of the United States · 1908
- People Ex Rel. Hill v. . HesterbergNew York Court of Appeals · 1906
3Cited by16 opinions
- People v. BencNew York Court of Appeals · 1942
- Graves v. DunlapWashington Supreme Court · 1915
- People v. JacobsAppellate Division of the Supreme Court of the State of New York · 1915
- State Commission in Lunacy v. WelchCalifornia Court of Appeal · 1912
- Jones v. StateCourt of Criminal Appeals of Texas · 1931
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