Legal Opinion

Buchanan v. Stout

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

Decided June 10, 1910PublishedCited by 6 opinions

Appeal by the defendant, John R. Stout, from a judgment of the Mimcipal Court of the city of New York, borough of Brooklyn, in favor of the-plaintiff, rendered on the 11th day of December, 190.9.

1Opinion of the Court

Jenks, J.:

Plaintiff’s cat was killed in tbe doorway of tbe vestibule of plaintiff’s bouse by tbe dogs of tbe defendant, Defendant admitted.tbat be bad taken tlie-dogs into .tbe street with him, and that when he discovered that they had not followed him home he followed them up to find them worrying the cat. The defendant seems to have done all that a humane person could do under tbe circumstances to save animal life. But -the undisputed evidence is that be took bis dogs into, the street unmuzzled and unleashed, and. that -the degs caught siglit of the cat and pursued it even into plaintiff’s…

2Cases cited4 opinions

  1. Dickson v. . McCoyNew York Court of Appeals · 1868
  2. Van Leuven v. Lyke & DumondNew York Court of Appeals · 1848
  3. Buchanan v. StoutAppellate Division of the Supreme Court of the State of New York · 1908
  4. Davis v. Reflex Camera Co.Appellate Division of the Supreme Court of the State of New York · 1906

3Cited by6 opinions

  1. Hyland v. CobbNew York Court of Appeals · 1929
  2. Koffler v. American Railway Express Co.City of New York Municipal Court · 1926
  3. Conroy v. SperlAppellate Division of the Supreme Court of the State of New York · 1924
  4. Deane v. StegherrCity of New York Municipal Court · 1916
  5. Rose v. Yorklyn Construction Co.Appellate Division of the Supreme Court of the State of New York · 1934

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