Buchanan v. Stout

Appellate Division of the Supreme Court of New York

Buchanan v. Stout

139 A.D. 204, 123 N.Y.S. 724, 1910 N.Y. App. Div. LEXIS 2161

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

DecidedJune 10, 1910

StatusPublished

Cited by6 cases

This text of 139 A.D. 204 (Buchanan v. Stout) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Buchanan v. Stout, 139 A.D. 204, 123 N.Y.S. 724, 1910 N.Y. App. Div. LEXIS 2161 (N.Y. Ct. App. 1910).

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Opinion

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 -premises.

The judgment against -the defendant for the value of the cat should be affirmed'. The defendant had taken his dogs into the public street of the city of. New York, unmuzzled and not led, against a- city ordinance that was read in evidence, and, therefore, there was evidence of his negligence shown by bis violation thereof-. And moreover, the dogs, thus let loose in the public street, had [205]*205chased the cat into the premises of the plaintiff, where they killed it. Under such conditions proof of scienter was not essential. (Dickson v. McCoy, 39 N. Y. 400; Bowyer v. Burlew, 3 T. & C. 362, Gilbert, J.) The dogs were unlawfully in the place where the injury was done, and the liability arises from that circumstance, (Decker v. Gammon, 44 Maine, 322; Van Leuven v. Lyke, 1 N. Y. 515.) The judgment for plaintiff on the first trial was reversed and a new trial was ordered, with costs to abide' the event.

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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 -premises.

The judgment against -the defendant for the value of the cat should be affirmed'. The defendant had taken his dogs into the public street of the city of. New York, unmuzzled and not led, against a- city ordinance that was read in evidence, and, therefore, there was evidence of his negligence shown by bis violation thereof-. And moreover, the dogs, thus let loose in the public street, had [205]*205chased the cat into the premises of the plaintiff, where they killed it. Under such conditions proof of scienter was not essential. (Dickson v. McCoy, 39 N. Y. 400; Bowyer v. Burlew, 3 T. & C. 362, Gilbert, J.) The dogs were unlawfully in the place where the injury was done, and the liability arises from that circumstance, (Decker v. Gammon, 44 Maine, 322; Van Leuven v. Lyke, 1 N. Y. 515.) The judgment for plaintiff on the first trial was reversed and a new trial was ordered, with costs to abide' the event.

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Bluebook (online)

139 A.D. 204, 123 N.Y.S. 724, 1910 N.Y. App. Div. LEXIS 2161, Counsel Stack Legal Research, https://law.counselstack.com/opinion/buchanan-v-stout-nyappdiv-1910.

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