Molloy v. . Starin
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered May 27, 1907, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the first judicial department, entered May 27, 1907, affirming a judgment in favor of plaintiff entered upon a verdict and an order denying a motion for a new trial. The nature of the action and the facts, so far as material, are stated in the opinion. The defendant in this case is not liable under the doctrine which holds the owner or beeper of a wild animal to be, under certain circumstances, an insurer against injury by it. (Wheeler v. Brant, 23 Barb. 326; Loomis v. Terry, 17 Wend. 497; Brock v. Copeland, 1 Esp. 204;…
1Opinion of the CourtGray, J.
The defendant is engaged in the business of a common carrier and, as such, received from their owner four trained bears for transportation on one of his steamboats from Hew York to Hew Haven. They "were confined in cages; three of the sides of which were of wood, while the fourth side, or front, of the cage, consisted of an iron grating, over which a wooden slide was.so adjusted as to be moved up and down. Upon arriving at Hew Haven, at half-past four in the morning, the cages were removed to the defendant’s freight house upon the dock, to await their delivery, at a later holiv, to the owner.…
2Cases cited3 opinions
- Spring Co. v. EdgarSupreme Court of the United States · 1879
- Muller v. . McKessonNew York Court of Appeals · 1878
- Van Leuven v. Lyke & DumondNew York Court of Appeals · 1848
3Cited by30 opinions
- People v. SandgrenNew York Court of Appeals · 1951
- Colarusso v. DunneAppellate Division of the Supreme Court of the State of New York · 2001
- Matthew H. v. County of NassauAppellate Division of the Supreme Court of the State of New York · 2015
- Terpstra v. SchinkelSupreme Court of Iowa · 1945
- Yackel v. NysAppellate Division of the Supreme Court of the State of New York · 1939
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