Legal Opinion

Woodbridge v. Marks

Appellate Division of the Supreme Court of the State of New York

Decided May 15, 1896PublishedCited by 1 opinion

Appeal the defendant, William D. Marks, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Essex on the 2d day of December, 1895, upon the decision of the court, rendered after a trial at the St. Lawrence Special Term, overruling the defendant’s demurrer to the complaint, with notice of an intention to bring up for review upon such appeal the order and decision dated the 29th day of November,…

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Appeal the defendant, William D. Marks, from an interlocutory judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Essex on the 2d day of December, 1895, upon the decision of the court, rendered after a trial at the St. Lawrence Special Term, overruling the defendant’s demurrer to the complaint, with notice of an intention to bring up for review upon such appeal the order and decision dated the 29th day of November, 1895, directing the entry of said judgment. The complaint alleges : That the defendant, May 10, 1895, at Westport, “…

1Opinion of the Court

Landon, J.:

The complaint does not expressly charge that the defendant was guilty of negligence in the care or keeping of his vicious dogs, and this omission is the ground of the demurrer to it. The plaintiff claims that tlie keeping of a dog known to its owner to he vicious and accustomed to attack and bite mankind is a nuisance, and that it is unnecessary to charge negligence.

A vicious dog running at large is a nuisance, because dangerous to mankind.

It follows that whoever keeps such a dog and allows him to be at large maintains the nuisance. Stated as above, it would seem to follow that in…

2Cases cited4 opinions

  1. Muller v. . McKessonNew York Court of Appeals · 1878
  2. Brice v. . BauerNew York Court of Appeals · 1888
  3. Earl v. Van AlstineNew York Supreme Court · 1850
  4. Kelly v. TiltonNew York Court of Appeals · 1866

3Cited by1 opinion

  1. Woodbridge v. MarksAppellate Division of the Supreme Court of the State of New York · 1897

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