Cook v. Levintan

Appellate Terms of the Supreme Court of New York

Cook v. Levintan

94 N.Y.S. 396

Appellate Terms of the Supreme Court of New York·Decided June 26, 1905·Published

Opinion

SCOTT, P. J.

There was no satisfactory evidence that the particular dog in question was vicious, or that, if she was, the defendant knew of it. The general statement of the dog dealer that bitches with pups are dangerous does not establish the vicious tendency of this particular bitch, or charge the defendant with notice. In my opinion, the case should not have been submitted to the jury at all.

Judgment reversed, and new trial granted, with costs to appellant to abide the event. All concur.

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SCOTT, P. J.

There was no satisfactory evidence that the particular dog in question was vicious, or that, if she was, the defendant knew of it. The general statement of the dog dealer that bitches with pups are dangerous does not establish the vicious tendency of this particular bitch, or charge the defendant with notice. In my opinion, the case should not have been submitted to the jury at all.

Judgment reversed, and new trial granted, with costs to appellant to abide the event. All concur.

Cook v. Levintan, 94 N.Y.S. 396 (N.Y. Ct. App. 1905).

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