Buchanan v. Stout
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, John R. Stout, from a judgment of the Municipal Court of the city, of New York, borough of Brooklyn, in favor of the plaintiff, rendered bn the 10th day of July 1907. ■ *
1Opinion of the Court
MIller, J.:
The plaintiff has recovered a judgment for $100 forpersonal injuries resulting from shock and distress of mind caused by seeing a, pet cat mangled by the defendant’s dog. The assault Occurred on the premises occupied by the plaintiff, and her claim is that the action is for trespass, and that all damages resulting therefrom,, including mental distress, are recoverable.
We do not deem it necessary at this time to discuss the proposi-' tion that damages for injuries caused by a dog are not recoverable-unless a vibious propensity of the dog and knowledge thereof on the part of the…
2Cases cited3 opinions
- Mitchell v. . Rochester Railway Co.New York Court of Appeals · 1896
- Spade v. Lynn & Boston RailroadMassachusetts Supreme Judicial Court · 1897
- Preiser v. WielandtAppellate Division of the Supreme Court of the State of New York · 1900
3Cited by5 opinions
- State v. Baltimore Transit Co.Court of Appeals of Maryland · 1951
- Anne Arundel Cty. v. ReevesCourt of Appeals of Maryland · 2021
- Buchanan v. StoutAppellate Division of the Supreme Court of the State of New York · 1910
- Spangberg v. Eastern Air Lines, Inc.Appellate Division of the Supreme Court of the State of New York · 1955
- Spangberg v. Eastern Air Lines, Inc.Appellate Division of the Supreme Court of the State of New York · 1955