Argersinger v. Levor
New York Supreme Court
Appeal from Fulton county court. Action by Jacob Argersinger against G-ustave Levor for personal injuries sustained from being bitten by defendant’s dog. The action was originally brought in justice’s court, where judgment was rendered in plaintiff’s favor. Defendant appealed to the county court; and from an order permitting plaintiff to amend his complaint, and a judgment affirming the justice’s judgment, defendant appeals.
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Appeal from Fulton county court. Action by Jacob Argersinger against G-ustave Levor for personal injuries sustained from being bitten by defendant’s dog. The action was originally brought in justice’s court, where judgment was rendered in plaintiff’s favor. Defendant appealed to the county court; and from an order permitting plaintiff to amend his complaint, and a judgment affirming the justice’s judgment, defendant appeals. The complaint in the justice’s court alleged that “while plaintiff was peaceably traveling in the public highway the defendant and bis dog assaulted him, and inflicted on…
1Opinion of the CourtLandon, J.
The complaint in the justice’s court charged an assault upon the plaintiff “by the defendant and his dog.” No objection was taken upon the trial to the jurisdiction of the justice. The evidence tended to show that the defendant’s dog bit the plaintiff, and that the dog was vicious, and known to be so by the defendant. There was no evidence of any assault by the defendant. Upon appeal to the county court, upon the law only, the county court, upon motion of the plaintiff, permitted the complaint to be amended seas to charge that the defendant’s dog, being vicious and known to the defendant to…
2Cited by2 opinions
- Runge v. EsanNew York Court of Common Pleas · 1893
- Button v. LuskNew York Supreme Court · 1890