Rider v. . White
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, affirming a judgment in favor of plaintiff entered upon a verdict. This action was brought to recover damages for injuries alleged to have been inflicted upon plaintiff by the dogs of defendants. Defendants were the owners of a factory on Barren Island; their premises were uninclosed.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, affirming a judgment in favor of plaintiff entered upon a verdict. This action was brought to recover damages for injuries alleged to have been inflicted upon plaintiff by the dogs of defendants. Defendants were the owners of a factory on Barren Island; their premises were uninclosed. They owned and kept thereon seven large dogs which the evidence tended to show were vicious and ferocious, rushing out at and pursuing people coming on or near the premises, and that defendants had knowledge of their…
1Opinion of the Court
Gray, C.
The defendants rest their appeal upon three grounds: First. That the injury inflicted upon the plaintiff by their dogs was at a time when he was committing a trespass upon their premises. Second. That there was no evidence that the dogs were vicious, or, assuming them to be so, there was no evidence that the defendants had notice of their vice in the respect complained of. Third. That there was no evidence that, before the injury committed by them upon the plaintiff, their dogs had ever bitten any one.
The defendants’ premises consisted of an undefined parcel of an open space, situated…
2Cited by24 opinions
- Collier v. ZambitoNew York Court of Appeals · 2004
- Muller v. . McKessonNew York Court of Appeals · 1878
- Graham v. PayneIndiana Supreme Court · 1890
- O'Neill v. BlaseMissouri Court of Appeals · 1902
- Perrotta v. PiccianoAppellate Division of the Supreme Court of the State of New York · 1919
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