Russo v. Schieber
New York Supreme Court
1Opinion of the CourtBexjamix Brexxer, J.
A young dog, 3 feet long and 15 inches high, leaped or fell from a second-floor window and, after coming upon a partially opened awning, struck the plaintiff on the head and shoulders when she was passing by on the sidewalk some 16 feet below.
The credible evidence adduced on trial is that the defendants, operating a theatre, had acquired the dog about six days prior to the event, and were training it as a watchdog; that it was permitted into the theatre office above a moderately busy street, the windows of which office were about 10% inches from the floor and which swivelled freely and…
2Cases cited4 opinions
- Dickson v. . McCoyNew York Court of Appeals · 1868
- Lynch v. . McNallyNew York Court of Appeals · 1878
- Kennet v. SossnitzAppellate Division of the Supreme Court of the State of New York · 1940
- Kennet v. SossnitzNew York Court of Appeals · 1941
3Cited by3 opinions
- Thirlwall v. GalanterCivil Court of the City of New York · 1970
- Russo v. SchieberAppellate Division of the Supreme Court of the State of New York · 1959
- Strunk v. ZoltanskiNew York Court of Appeals · 1984