Duval v. Barnaby
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, John Duval, by Toussant Duval, his guardian ad litem, from a judgment of the County Court of Clinton County in favor of the defendant, entered in the office of the clerk of the county of Clinton on the 15th day of January, 1902, upon the decision of the court reversing upon appeal a judgment in favor of the plaintiff rendered by a justice of the peace.
1Opinion of the CourtKellogg, J.
The record does not disclose on what grounds the learned County Court reversed the judgment of the Justice Court. The action was tried before a justice without a jury and a judgment rendered for $100 damages. The plaintiff, a boy of fifteen years of age, was severely bitten by a “ yellow bull dog.” There is abundant evidence that the dog was vicious in fact. That his nature was vicious and his propensity was to attack and bite men and boys were sufficiently proven. This dangerous propensity was proven to date back more than a year prior to this biting of which plaintiff complains. The…
2Cases cited3 opinions
- Brice v. . BauerNew York Court of Appeals · 1888
- Quilty v. . BattieNew York Court of Appeals · 1892
- Hahnke v. . FriederichNew York Court of Appeals · 1893
3Cited by7 opinions
- Dufour v. BrownAppellate Division of the Supreme Court of the State of New York · 2009
- Baldwin v. ThompsonAppellate Division of the Supreme Court of the State of New York · 1930
- Dauber v. BoyajianCourt of Appeals for the Second Circuit · 1933
- Koffler v. American Railway Express Co.City of New York Municipal Court · 1926
- Nelson v. BarrettAppellate Division of the Supreme Court of the State of New York · 1903
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