Blauvelt v. Cleveland
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Fay H. Blauvelt, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Wayne on the 26th day of July, 1920, upon the dismissal of the complaint by direction of the court at the close of the case, and also from an order entered in said clerk’s office on the 26th day of July, 1920, denying plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Kruse, P. J.:
The defendant shot and killed the plaintiff’s dog, whereupon the plaintiff brought this action to recover the damages. *230Upon the trial the plaintiff was nonsuited on the ground that he had failed to prove" that the dog had any value.- The appeal is from the judgment entered upon the nonsuit. The plaintiff is a farmer living with bis family upon a farm.
While it appears that the dog had no market value, he was nevertheless of substantial value to the plaintiff, as appears by the evidence. He drove the cows from the pasture to the stable, guarded the calves, caught the hogs and did…
2Cases cited1 opinion
- Dunlap v. SnyderNew York Supreme Court · 1854
3Cited by7 opinions
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- Zager v. DimiliaPleasant Valley Justice Court · 1988
- Kielhurn v. GiammarinaroDistrict Court, E.D. New York · 2001
- Leistner v. VaniniAppellate Division of the Supreme Court of the State of New York · 2022
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