Rimbaud v. Beiermeister
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, James Beiermeister, from a judgment of the County Court of Rensselaer county, entered in the office of the clerk of said county on the 21st day of August, 1914, upon the verdict of a jury, and also from an order entered in said clerk’s office on the same day denying the defendant’s motion for a new trial made upon the minutes. After the service of the notice of appeal Victor Rimbaud, the plaintiff, died, and his executrix was substituted in his place.
1Opinion of the Court
Smith, P. J.:
This is an action in tort for malicious injury to a dog. It appears that respondent’s testator on a warm afternoon in June, 1913, in the city of Troy, was sitting upon the grass in the shade of a tree and upon a slope or terrace running from the sidewalk up to the lawn of appellant’s mother, which is several feet above the level of the sidewalk. The street line is four and four-tenths feet from the inside edge of the sidewalk and the top of the terrace is about seven feet from the sidewalk. The testator’s dog was playing near him with a ball, when, according to his story, the…
2Cases cited4 opinions
- Wood Selick v. . BallNew York Court of Appeals · 1907
- Kiff v. . YoumansNew York Court of Appeals · 1881
- Bean v. . FlintNew York Court of Appeals · 1912
- Conners v. WalshNew York Court of Appeals · 1892
3Cited by4 opinions
- Zager v. DimiliaPleasant Valley Justice Court · 1988
- Melton v. South Shore U-Drive, Inc.Appellate Division of the Supreme Court of the State of New York · 1969
- Young v. Robertshaw Controls Co.New York Supreme Court · 1983
- Llaven v. People for the Ethical Treatment of AnimalsNorfolk County Circuit Court · 2016