Moynahan v. . Wheeler
New York Court of Appeals
Appeal from judgment of the General Term of the Gity Court of Brooklyn, entered upon an order made May 28,1888, which affirmed a judgment in favor of plaintiff, entered upon a verdict, and affirmed an order denying a motion for a new trial. This action was brought to recover damages for injuries alleged to have been caused by defendant’s negligence. The facts, so far as material, are stated in the opinion.
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Appeal from judgment of the General Term of the Gity Court of Brooklyn, entered upon an order made May 28,1888, which affirmed a judgment in favor of plaintiff, entered upon a verdict, and affirmed an order denying a motion for a new trial. This action was brought to recover damages for injuries alleged to have been caused by defendant’s negligence. The facts, so far as material, are stated in the opinion. In order to recover for a personal injury inflicted by a tame animal, such as a cow, viciousness and knowledge of the viciousness on the part of the defendant must be shown. ( Van Leuven v.…
1Opinion of the CourtDanforth, J.
It is not lawful for any cow to run at large in any street or public place in this state (Laws of 1872, chap. 776), and it was assumed by the parties that the original complaint stated a good cause of action by alleging that on the 1st of April, 1885, a cow, owned by the defendants, was carelessly permitted to run at large and unrestrained upon a public highway in the city of Brooklyn, and being so at large, knocked down and injured the plaintiff. But these circumstances were explained by evidence. It was made to appear that the defendants Wheeler had agreed to sell and deliver the cow to the…
2Cases cited1 opinion
- Van Leuven v. Lyke & DumondNew York Court of Appeals · 1848
3Cited by12 opinions
- Doe v. BarnettIndiana Court of Appeals · 1969
- Hansen v. KemmishSupreme Court of Iowa · 1926
- Indianapolis Abattoir Co. v. BaileyIndiana Supreme Court · 1913
- Mills v. BunkeAppellate Division of the Supreme Court of the State of New York · 1901
- Stapleton v. ButenskyAppellate Division of the Supreme Court of the State of New York · 1919
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