O'Connell v. Jarvis
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Charles M. Jarvis, as administrator, etc., of Henry S. Jarvis, deceased, from a judgment of the County Court of Broome county in favor of the plaintiff, entered in the office of the clerk of the county of Broome on the 17th day of July, 1896, upon the verdict of a jury rendered after a trial at a Trial Term of said court, and also from an order entered in said clerk’s office on the 13th day of July, 1896, denying the defendant’s motion for a new…
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Appeal by the defendant, Charles M. Jarvis, as administrator, etc., of Henry S. Jarvis, deceased, from a judgment of the County Court of Broome county in favor of the plaintiff, entered in the office of the clerk of the county of Broome on the 17th day of July, 1896, upon the verdict of a jury rendered after a trial at a Trial Term of said court, and also from an order entered in said clerk’s office on the 13th day of July, 1896, denying the defendant’s motion for a new trial made upon the minutes. The plaintiff, an infant, two and one-half years old, was bitten by a dog of Henry S. Jarvis,…
1Opinion of the Court
Landon, J.:
The learned county judge charged the jury : “ That the dog being a trespasser at the time upon the premises upon which this plaintiff was and had a right to be, that the plaintiff is entitled to recover.”
The common-law rule was that the owner of a dog was not liable for trespass on account of the dog’s entering upon the premises of another, because the dog was not property, but a base animal, kept for whim or pleasure; and, being of a roving disposition and kindly disposed toward mankind, it was unreasonable for the law to take any notice of it. It required a statute to make the…
2Cases cited4 opinions
- Brice v. . BauerNew York Court of Appeals · 1888
- Mullaly v. . People of the State of New YorkNew York Court of Appeals · 1881
- Van Leuven v. Lyke & DumondNew York Court of Appeals · 1848
- Auchmuty v. HamCourt for the Trial of Impeachments and Correction of Errors · 1845
3Cited by4 opinions
- Olson v. PedersonSupreme Court of Minnesota · 1939
- Mills v. BunkeAppellate Division of the Supreme Court of the State of New York · 1901
- Van Etten v. NoyesAppellate Division of the Supreme Court of the State of New York · 1908
- Strubing v. MaharAppellate Division of the Supreme Court of the State of New York · 1899