Nelson v. Barrett
Appellate Division of the Supreme Court of the State of New York
■ Appeal > by the ■ plaintiff, Catherine Nelson, from a judgment of the Municipal Court of the city of New York, borough" of Queens, in'favor of the defendant, entered on the 19th day of August, 1903, and also from an order entered on the 19th day of August, 1903, denying the plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Hooker, J.:
The plaintiff sued the owner of a vicious dog, and. a jury in the Municipal Court of the city of New York has found a verdict for. the defendant.. Hpon that verdict a judgment was entered, from which the plaintiff appeals.
There'was abundant evidence of the vicious propensities of the dog, and the court correctly presented that branch of the case to the jury,
Hpon the question of scienter, however, We think the court erred in its instructions to the. jury. The witness Seimérs, who kept ,a saloon next door to the defendant’s home, testified that on many occasions prior to the biting…
2Cases cited1 opinion
- Duval v. BarnabyAppellate Division of the Supreme Court of the State of New York · 1902
3Cited by1 opinion
- Holt v. MyersIndiana Court of Appeals · 1910