Dickson v. . McCoy
New York Court of Appeals
This was an action for injury to the Plaintiff by the horse of the Defendant. The Plaintiff, a child of ten years, was passing the stable of the Defendant, upon the sidewalk of a populous street in the city of Troy, when the Defendant’s horse came out of the stable, going loose and unattended, and, in passing, kicked the Plaintiff in the face.
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This was an action for injury to the Plaintiff by the horse of the Defendant. The Plaintiff, a child of ten years, was passing the stable of the Defendant, upon the sidewalk of a populous street in the city of Troy, when the Defendant’s horse came out of the stable, going loose and unattended, and, in passing, kicked the Plaintiff in the face. The complaint alleged that the horse was “of a malicious and mischievous disposition, and accustomed to attack and injure mankind; ” also, that the Defendant “ wrongfully and negligently suffered the said horse to go at large in and upon the public…
1Opinion of the Court
I agree with the counsel for the defendant, that there is no proof in the case to sustain the allegation in the complaint, that this horse was vicious and accustomed to attack and injure mankind: The fact that a horse is young and playful, that he kicks in the air, and runs and gambols when loose in the street, is no proof of a malicious or vicious disposition. But I regard the allegation as unnecessary, and the absence of proof on the point as not affecting the right to recover. The finding of the jury, under the charge of the court, was clearly to the effect that the defendant was guilty of…
2Cited by83 opinions
- Collier v. ZambitoNew York Court of Appeals · 2004
- Petrone v. FernandezNew York Court of Appeals · 2009
- Bender v. WelshSupreme Court of Pennsylvania · 1942
- Claps v. Animal Haven, Inc.Appellate Division of the Supreme Court of the State of New York · 2006
- Fox v. KoehnigWisconsin Supreme Court · 1926
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