Muller v. . McKesson
New York Court of Appeals
' Appeal from judgment of the General Term of the Supreme Court in the second judicial department, affirming a judgment in favor of plaintiff, entered upon a verdict, (Reported below, 10 Hun, 44.) This action was brought to recover damages for injuries alleged to have been sustained by plaintiff from the bite of a savage and ferocious dog owned and kept by defendant. The facts appear sufficiently in the opinion.
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' Appeal from judgment of the General Term of the Supreme Court in the second judicial department, affirming a judgment in favor of plaintiff, entered upon a verdict, (Reported below, 10 Hun, 44.) This action was brought to recover damages for injuries alleged to have been sustained by plaintiff from the bite of a savage and ferocious dog owned and kept by defendant. The facts appear sufficiently in the opinion. Plaintiff, in order to recover, was bound to show that he was free from negligence. (Koney v. Ward, 36 How. Pr., 255, 257; Cogswell v. Baldwin, 15 Vt., 404; Sawyer v. Jackson, 5 N. Y.…
1Opinion of the Court
Church, Ch. J.
The defendants had a chemical factory-in Brooklyn and owned a ferocious dog of the Siberian bloodhound species, which was kept in the inclosed yard, surrounding the factory, and generally kept fastened up in. day-time and loosed at night as a protection against thieves. The plaintiff was in the employ of the defendants as a nightwatchman. It was his duty to open the gate to the yard every morning to admit the workmen, and to do this he would pass from the door of the factory across a corner of' the yard to the gate. On the morning in question, as the plaintiff was returning from…
2Cases cited7 opinions
- Woolf v. ChalkerSupreme Court of Connecticut · 1862
- Rider v. . WhiteNew York Court of Appeals · 1875
- Earl v. Van AlstineNew York Supreme Court · 1850
- O'Neill v. . JamesNew York Court of Appeals · 1870
- Brown v. CarpenterSupreme Court of Vermont · 1854
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3Cited by131 opinions
- McFarlane v. City of Niagara FallsNew York Court of Appeals · 1928
- Johnston v. OhlsWashington Supreme Court · 1969
- Schile v. . BrokhahusNew York Court of Appeals · 1880
- Brice v. . BauerNew York Court of Appeals · 1888
- Bresee v. Los Angeles Traction Co.California Supreme Court · 1906
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