Brice v. . Bauer
New York Court of Appeals
Appeal from a judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made at the September Term, 1885, which affirmed a judgment in favor of the plaintiff entered upon a verdict.
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Appeal from a judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made at the September Term, 1885, which affirmed a judgment in favor of the plaintiff entered upon a verdict. The complaint stated that the defendant unlawfully kept a dog, well knowing him to be of a ferocious, mischievous and vicious disposition, and accustomed to attack and bite mankind; that on the 'Tth of December, 1883, the dog wrongfully came upon the plaintiff’s premises and there attacked and wounded him. The answer was, first, a general denial; second, that the…
1Opinion of the CourtDaneorth, J.
That the plaintiff was very seriously injured by the unprovoked and persistent attack of the dog is not denied. Indeed, no evidence was given upon the trial showing, or tending to show, the slightest foundation for the affirmative defense set up in the answer. It is alleged, however, by the defendant, that the evidence failed to show either (1) that the dog was owned or harbored by the defendant ; or (2) that the dog was vicious or accustomed to bite; or (3) that the defendant had knowledge of such propensities. The last objection was not made at the trial; but upon all points we find quite…
2Cases cited2 opinions
- Muller v. . McKessonNew York Court of Appeals · 1878
- Buckley v. LeonardNew York Supreme Court · 1847
3Cited by62 opinions
- Doe v. BarnettIndiana Court of Appeals · 1969
- Swain v. TillettSupreme Court of North Carolina · 1967
- Clowdis v. Fresno Flume & Irrigation Co.California Supreme Court · 1897
- Hahnke v. . FriederichNew York Court of Appeals · 1893
- Clinkenbeard v. ReinertSupreme Court of Missouri · 1920
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