Feick v. Andel
City of New York Municipal Court
The plaintiff, a boy eight years of age, by bis guardian sued to recover $2,000 damages for bites received from the defendant’s dog on the 17th of May, 1883. The boy, it seems, was playing on the sidewalk in Fifty-fourth Street, between Ninth and Tenth Avenues, at about eight o’clock in the evening. The dog ran between the boy’s legs, knocked him down and then bit him.
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The plaintiff, a boy eight years of age, by bis guardian sued to recover $2,000 damages for bites received from the defendant’s dog on the 17th of May, 1883. The boy, it seems, was playing on the sidewalk in Fifty-fourth Street, between Ninth and Tenth Avenues, at about eight o’clock in the evening. The dog ran between the boy’s legs, knocked him down and then bit him. The boy was immediately attended to by a physician ; after which inquiry was made which resulted in the discovery that the defendant owned the dog which did the damage. These facts were proved, but there was no evidence showing…
1Opinion of the Court
MoAdam, Ctu J.
The pleader in drawing the complaint, properly alleged that the defendant wrongfully kept a certain dog of a ferocious nature accustomed to bite mankind, and that said defendant well knew said *62dog to be of a ferocious and mischievous disposition. This allegation was denied by the defendant, and the complaint was dismissed at the trial, because the plaintiff failed to prove the issue thus made. The plaintiff moved for a new trial, and the motion being upon the question, whether this ruling has the sanction of the authorities or is, as the plaintiff charges, erroneous ?
Judge…
2Cases cited8 opinions
- Muller v. . McKessonNew York Court of Appeals · 1878
- Van Leuven v. Lyke & DumondNew York Court of Appeals · 1848
- Lynch v. . McNallyNew York Court of Appeals · 1878
- Rider v. . WhiteNew York Court of Appeals · 1875
- Vrooman v. LawyerNew York Supreme Court · 1816
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