Van Steenburgh v. Tobias
New York Supreme Court
Error from the Columbia common pleas. Tobias sued Van Steenburgh and Gray in a justice's court, and declared against them incase, for the worrying and killing of sheep belonging to him, by two dogs, one owned by Van Steenburgh and the other by Gray. The injury to the sheep was done at the same time by the two dogs uniting in the mischief.
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Error from the Columbia common pleas. Tobias sued Van Steenburgh and Gray in a justice's court, and declared against them incase, for the worrying and killing of sheep belonging to him, by two dogs, one owned by Van Steenburgh and the other by Gray. The injury to the sheep was done at the same time by the two dogs uniting in the mischief. After the plaintiff rested, the justice nonsuited him on the ground that in such case a joint action against the owners of the dogs could not be sustained. The common pleas of Columbia, on certiorari, reversed the judgment of the justice. The defendants sued…
1Opinion of the Court
By the Court,
Cowen, J.
The suit before the justice was against two persons for a joint trespass or wrong; and the plaintiff proved a separate trespass or wrong against each. It does not follow because the animal of A. accompanies the animal of B, in the same mischief, that the owners arc jointly liable. Where a joint action will lie, either may be made accountable for the whole injury. In a case like the one before us, the dog of one may be young, feeble, and incapable of mischief by himself; and yet, if a joint action lay, his master might be made accountable for the injury caused by the…
2Cases cited1 opinion
- Russell v. TomlinsonSupreme Court of Connecticut · 1817
3Cited by25 opinions
- Slater v. . MersereauNew York Court of Appeals · 1876
- Swain v. Tennessee Copper Co.Tennessee Supreme Court · 1903
- Little Schuylkill Navigation, Railroad & Coal Co. v. Richards's AdministratorSupreme Court of Pennsylvania · 1868
- Yankee Jim's Union Water Co. v. CraryCalifornia Supreme Court · 1864
- Gallagher v. Kemmerer, Pennsylvania Court of Common Pleas, Luzerne County1891
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