Wiley v. Slater
New York Supreme Court
APPEAL from a judgment of the Oneida county court, affirming the judgment of a justice. The action was brought to recover damages for alleged injuries to the plaintiff’s dog, inflicted by the defendant’s dog, in a fight, in consequence of which the plaintiff’s dog died.
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APPEAL from a judgment of the Oneida county court, affirming the judgment of a justice. The action was brought to recover damages for alleged injuries to the plaintiff’s dog, inflicted by the defendant’s dog, in a fight, in consequence of which the plaintiff’s dog died. The complaint alleged, 1st. That on or about the 29th day of May, 1855, the defendant set dogs upon, and who bit and maimed and greatly injured, the plaintiff’s dog, and that the defendant struck, kicked, jammed and injured the plaintiff’s dog, so that he died from said injuries, to the damage of the plaintiff of $100. 2d.…
1Opinion of the Court
By the Court, W. F. Allen, J.
1. If there is a disputed question of fact, upon which the case turned in the court below, or in relation to which there was evidence upon both sides, the county court did right to affirm the judgment, whatever may have been the opinion of that court, or may be our opinion as to the correctness of the conclusion of the justice. The county court, or this court, cannot reverse the judgment of a justice because it is against the weight of evidence. (Adsit v. Wilson, 7 How. 64. Kasson v. Mills, 8 id. 377. Bennett v. Scutt, 18 Barb. 347.) But if the judgment was…
2Cases cited1 opinion
- Bennett v. ScuttNew York Supreme Court · 1854
3Cited by9 opinions
- Montgomery v. Maryland Casualty Co.Supreme Court of Georgia · 1930
- Fowler v. HelckCourt of Appeals of Kentucky (pre-1976) · 1939
- Moeran v. New York Poultry, Pigeon & Pet Stock Ass'nAppellate Terms of the Supreme Court of New York · 1899
- Strubing v. MaharAppellate Division of the Supreme Court of the State of New York · 1899
- Thalheimer v. LempertNew York Supreme Court · 1888
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