Lynch v. . McNally
New York Court of Appeals
Appeal from judgment of the General Term of the Court of Common Pleas in and for the city and county of New York, affirming a judgment in favor of plaintiff, entered upon a verdict. This action was brought to recover damages for injuries alleged to have been sustained by plaintiff from the bite of a vicious dog kept by defendant.
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Appeal from judgment of the General Term of the Court of Common Pleas in and for the city and county of New York, affirming a judgment in favor of plaintiff, entered upon a verdict. This action was brought to recover damages for injuries alleged to have been sustained by plaintiff from the bite of a vicious dog kept by defendant. Plaintiff's evidence tended to show that plaintiff when passing defendant’s store, in the city of New York, offered the dog, which was lying in front of the store unfastened, a piece of candy when the dog sprang at her and bit her. The dog was cross and vicious; it…
1Opinion of the Court
Church, Ch. J.
The case of Muller v. McKesson, * recently decided in this court, contains a review of the authorities and lays down the principles which should govern actions of this character, and it is unnecessary to elaborate them here. The views expressed in the opinion in that case are substantially the same as those expressed by Daly, Ch. J., in the court below in this case.
It may be regarded as established. First. That such an action is based upon the keeping of a vicious dog with knowledge of his propensities, and if injury ensues, the owner is liable, and that if negligence is an…
2Cited by27 opinions
- McFarlane v. City of Niagara FallsNew York Court of Appeals · 1928
- Delaney v. Philhern Realty Holding Corp.New York Court of Appeals · 1939
- Hammond v. County of MonmouthSupreme Court of New Jersey · 1936
- Colarusso v. DunneAppellate Division of the Supreme Court of the State of New York · 2001
- Fake v. AddicksSupreme Court of Minnesota · 1890
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