Sahr v. Scholle
New York Supreme Court
Appeal from Queens county court. Action by John Sahr against Theodore E. Scholle. From a judgment entered on a verdict in favor of plaintiff, and from an order denying a motion for a new trial, defendant appeals. Reversed.
1Opinion of the CourtBrown, P. J.
This action was brought to recover the value of a horse which was killed by the defendant. In justification of his act, the defendant proved that he was an officer of the American Society for the Prevention of Cruelty to Animals, and alleged that *98the horse was found abandoned, and, in the judgment of two reputable citizens called by him to view the animal in his presence, appeared to be injured past recovery for any useful purpose. Pen. Code, § 656.
It was incumbent upon the defendant, in order to establish his defense, to prove the fact that the horse was injured past recovery for any useful…
2Cases cited1 opinion
- People Ex Rel. Copcutt v. . Board of HealthNew York Court of Appeals · 1893
3Cited by5 opinions
- Waud v. CrawfordSupreme Court of Iowa · 1913
- People ex rel. Freel v. DownsNew York City Magistrates' Court · 1911
- Edwards v. LawAppellate Division of the Supreme Court of the State of New York · 1901
- Polar Wave Ice & Fuel Co. v. Alton Branch of the Illinois Humane SocietyAppellate Court of Illinois · 1910
- Stables v. American Society for Prevention of Cruelty to AnimalsAppellate Terms of the Supreme Court of New York · 1913