Kelly v. Tilton
New York Court of Appeals
Appeal from judgment of Supreme Court affirming a judgment of the Brooklyn City Court. This action was brought by the plaintiff to recover damages on account of being bitten by a dog kept by the defendant, accustomed to bite mankind; which dog did, on the 21st March, 1859, bite the plaintiff, to his damage. The cause was tried in the City Court of Brooklyn, in March, 1860. On the trial it appeared that the parties were residents of the city of Brooklyn.
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Appeal from judgment of Supreme Court affirming a judgment of the Brooklyn City Court. This action was brought by the plaintiff to recover damages on account of being bitten by a dog kept by the defendant, accustomed to bite mankind; which dog did, on the 21st March, 1859, bite the plaintiff, to his damage. The cause was tried in the City Court of Brooklyn, in March, 1860. On the trial it appeared that the parties were residents of the city of Brooklyn. The plaintiff was a junk dealer, and the defendant was in the poultry business, having an inclosed poultry yard, in which he killed poultry…
1Opinion of the CourtWright, J.
The action was to recover for injury sustained by being bitten by a dog kept by the defendant. The facts ‘were these, in substance: The defendant was in the poultry business, in Brooklyn, in March, 1859, and had been, for several years previously. He had a yard which he used for killing poultry and preparing it for shipping. He owned a dog, which he kept upon his premises. His kennel was some one hundred feet from the entrance gate of the yard, and he was usually fastened thereto by a chain and leather collar, except at nights and upon Sundays. The ferocity of this animal, his habit of…
2Cited by3 opinions
- Leonorovitz v. OttNew York Supreme Court · 1903
- Woodbridge v. MarksAppellate Division of the Supreme Court of the State of New York · 1896
- Valentine v. ColeSuperior Court of Buffalo · 1886