Jacoby v. Ockerhausen
New York Supreme Court
Appeal from circuit court, Richmond county. Action by Edward Jacoby against Henry A. Ockerhausen for injuries received by plaintiff from defendant’s dogs. There was a judgment for plaintiff, and defendant appeals.
1Opinion of the CourtDykman, J.
Keeping ferocious dogs without confinement or restraint, and in a condition to gratify their disposition to do mischief, is negligence which is nearly allied to criminality. It manifests a disregard for human safety, and even human life, which merits and receives the condemnation of the law. The liability of owners of animals for the injuries which they perpetrate is based upon their propensity to do mischief, and it is therefore the duty of all persons who keep animals which are mischievous or savage to so control them as to incapacitate them from committing injuries; and, if they .fail in…
2Cited by2 opinions
- Hahnke v. . FriederichNew York Court of Appeals · 1893
- Perrotta v. PiccianoAppellate Division of the Supreme Court of the State of New York · 1919