Ervin v. Woodruff
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, William Ervin,, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of-Herkimer on the 24tli day of December, 1906, upon the dismissal of the complaint by direction of the court, at the close of the plaintiff’-s cáse, upon a trial at the Herkimer Trial Term.
1Opinion of the Court
Williams, J. :
The. judgment.should be affirmed, with costs.
The action was ■ brought to recover damages caused by injuries inflicted by a bear kept by the defendant at his camp in the Adirondacks.. The facts are very simple, and are briefly stated, so far as they are important here. The bear was a'ferocious animal, dangerous to mankind, and was known to both the plaintiff and. the defendant to be" so.. It had, to the .knowledge of both plaintiff and defendant, on various occasions prior to the one in question, attacked, bitten and injured other persons while defendant kept it. It was safely…
2Cases cited1 opinion
- Muller v. . McKessonNew York Court of Appeals · 1878
3Cited by6 opinions
- Stevens v. HulseNew York Court of Appeals · 1934
- Grummel v. DeckerMichigan Supreme Court · 1940
- Guzzi v. New York Zoological SocietyAppellate Division of the Supreme Court of the State of New York · 1920
- Hyde v. City of UticaAppellate Division of the Supreme Court of the State of New York · 1940
- Hertz v. GrahamDistrict Court, S.D. New York · 1957
1 more not listed; retrieve them via the Exa API.