Legal Opinion

Talmage v. Mills

Appellate Division of the Supreme Court of the State of New York

Decided March 6, 1903PublishedCited by 2 opinions

Appeal from Special Term, Orange county. Action by James T. Talmage against Irwin B. Mills. P'rom a judgment dismissing the complaint, plaintiff appeals.

1Opinion of the CourtHooker, J.

The plaintiff, working defendant’s farm on shares, was attacked by a bull placed in his possession by the defendant when the farm and stock were turned over to him. The accident occurred four months after the plaintiff went into possession of the farm, and it appears from the evidence that the bull had never during that time exhibited any ugly or vicious traits. This action was brought to recover for the personal injuries sustained by the plaintiff as a result of that attack. The complaint alleges that the bull was a vicious and dangerous animal, that the defendant knew, and plaintiff was…

2Cases cited1 opinion

  1. Campbell v. PageNew York Supreme Court · 1870

3Cited by2 opinions

  1. Hapke v. HustonAppellate Court of Illinois · 1939
  2. Leonard v. Donohoe, New York County Courts1913

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