Germain v. Dutchess County Agricultural Society
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
OPINION OF THE COURT
Friedmann, J.
In the instant action, the injured plaintiffs allegedly suffered personal injuries when they were trampled by a cow which broke free from its handler and ran amongst fairgoers as it was being led from an exercise area to a barn at the Dutchess County Fair (hereinafter the Fair). At issue on the instant appeal is whether the plaintiffs may recover damages for their injuries from the owners, of the cow and/or from operators of the Fair, even though it was demonstrated that the cow did not have vicious propensities. Under the circumstances of the instant case, we…
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