Marsh v. . Hand
New York Court of Appeals
Appear from order of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made April 20, 1886, which reversed a judgment in favor of plaintiff entered upon a verdict, and granted a new trial.
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Appear from order of the General Term of the Supreme Court in the fourth judicial department, entered upon an order made April 20, 1886, which reversed a judgment in favor of plaintiff entered upon a verdict, and granted a new trial. In March, 1882, the defendants Hand and one Congdon, as executors of the will of Stephen D. Hand, deceased, entered into an agreement in writing with Buell Cumber, by which the latter agreed to occupy for one year from the first day of April then next, a farm of which the testator died seized, and to work and cultivate it in proper manner, to keep the fences in…
1Opinion of the CourtBradley, J.
At the time of the injury the buck sheep which made the attack on .plaintiff was trespassing upon his premises. This was prima facie sufficient to charge the owner with liability for the damages sustained by the plaintiff. (Van Leuven v. Lyke, 1 N. Y. 515.) If, therefore, the defendants had title to the animal, the recovery against them was supported unless the relation of the defendants Hand to it was so qualified by the contract between them and Cumber as to relieve them from responsibility in that respect. The liability for trespass arises out of a wrongful act, or failure to perform the…
2Cases cited3 opinions
- Ferguson v. . HubbellNew York Court of Appeals · 1884
- Van Leuven v. Lyke & DumondNew York Court of Appeals · 1848
- Stroher v. . EltingNew York Court of Appeals · 1884
3Cited by12 opinions
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- People v. ScudderAppellate Division of the Supreme Court of the State of New York · 1917
- Laguttuta v. ChisolmAppellate Division of the Supreme Court of the State of New York · 1901
- McDonald v. Standard Gas Engine Co.California Court of Appeal · 1935
- Oles v. Columbia County Agricultural SocietyAppellate Division of the Supreme Court of the State of New York · 1932
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