Strubing v. Mahar
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Charles Strobing, from a judgment of the County Court of Niagara county in favor of the defendant, "entered in the office of the clerk of the county of Niagara.on the 16th day of December, 1898, upon the dismissal of the complaint by direction of the court after a trial before the court and a jury, and also from an order entered in said clerk’s office on the 30th day of January, 1899, denying the defendant’s motion for a new trial made upon the…
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Appeal by the plaintiff, Charles Strobing, from a judgment of the County Court of Niagara county in favor of the defendant, "entered in the office of the clerk of the county of Niagara.on the 16th day of December, 1898, upon the dismissal of the complaint by direction of the court after a trial before the court and a jury, and also from an order entered in said clerk’s office on the 30th day of January, 1899, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Hardin, P. J.:
Plaintiff commenced this action in a Justice’s Court in September, 1898. A trial was had in that court before the justice and a jury, .and resulted in a verdict in. favor of the plaintiff for fifty dollars ■damages. The defendant appealed to the County Court where a mew trial was had.
Plaintiff’s complaint states' that he is the father of Hedwig Strobing, a daughter, some ten years of age; and the complaint alleges ■that the defendant, on the 17th of March, 1898, “ and for several-years prior thereto, harbored and kept a large, ferocious, vicious and dangerous dog, whose…
2Cases cited5 opinions
- Quilty v. . BattieNew York Court of Appeals · 1892
- Van Leuven v. Lyke & DumondNew York Court of Appeals · 1848
- Vrooman v. LawyerNew York Supreme Court · 1816
- Earl v. Van AlstineNew York Supreme Court · 1850
- Wiley v. SlaterNew York Supreme Court · 1856
3Cited by4 opinions
- Jones v. SpindelCourt of Appeals of Georgia · 1973
- Grummel v. DeckerMichigan Supreme Court · 1940
- Johnson v. FrazierCourt of Appeals of Georgia · 1970
- Gardner v. H. C. Bohack Co.Appellate Division of the Supreme Court of the State of New York · 1917