Clark v. Daniels
Appellate Division of the Supreme Court of the State of New York
■ Appeal by the plaintiff, Nelson B. Clark, from a judgment of the County Court of Fulton county in favor of the defendant, entered in the office of the clerk of the county of Fulton on the 14th day of December, 1897, reversing a judgment in favor of the plaintiff rendered by a justice of the peace,' with notice of an intention to bring up for review upon such appeal an order of the County Court of Fulton county entered in said clerk’s office on the 9th day of December,…
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■ Appeal by the plaintiff, Nelson B. Clark, from a judgment of the County Court of Fulton county in favor of the defendant, entered in the office of the clerk of the county of Fulton on the 14th day of December, 1897, reversing a judgment in favor of the plaintiff rendered by a justice of the peace,' with notice of an intention to bring up for review upon such appeal an order of the County Court of Fulton county entered in said clerk’s office on the 9th day of December, 1897, reversing said justice’s judgment. The action is to recover damages against defendant for shooting plaintiff’s dog.…
1Opinion of the Court
Parker, P. J.:
It appears from the opinion of the county judge that he reversed the justice’s judgment for the reason that the evidence was not *601sufficient to warrant the conclusion by the jury that the defendant shot the dog.
The dog disappeared on November 19, 1896, about four o’clock in the afternoon. About half-past four o’clock on that day two witnesses testify that they heard a dog snarling in a piece of woods, known as Hoot’s woods, and but a short distance from where they were at work, and “ then came the report of a gun,” and smoke was seen arising at the place from whence the noise…
2Cases cited1 opinion
- Ludlum v. CouchAppellate Division of the Supreme Court of the State of New York · 1896
3Cited by3 opinions
- Murtagh v. DempseyAppellate Division of the Supreme Court of the State of New York · 1903
- Spears v. SorgeNew York County Court, Steuben County · 1907
- Tower v. BlessingAppellate Division of the Supreme Court of the State of New York · 1900