Bennett v. Mallard
Appellate Terms of the Supreme Court of New York
Appeal from a judgment in favor of the defendants, rendered in the Municipal Court of the city of New York, eighth district, borough of Manhattan.
1Opinion of the Court
Per Guriam.
This is an appeal from an order vacating and setting aside the verdict of a jury. Section 1367 of the Consolidation Act (L. 1882, ch. 410) expressly provides that an appeal shall lie from an order setting aside the verdict of a jury, as from a judgment. Douglass v. Seiferd, 18 Misc. Rep. 188.
There was no evidence to show that the horse was accustomed to kick while in the stable, and the fact that he balked and kicked while on the road does not raise the inference that he would kick while in his stall.
In an action against the owner of an animal for injuries inflicted by it, the…
2Cases cited2 opinions
- Muller v. . McKessonNew York Court of Appeals · 1878
- Douglass v. SeiferdAppellate Terms of the Supreme Court of New York · 1896
3Cited by3 opinions
- Doe v. BarnettIndiana Court of Appeals · 1969
- Indianapolis Abattoir Co. v. BaileyIndiana Supreme Court · 1913
- Hagen v. Ice Delivery Co.Ohio Superior Court, Cincinnati · 1905