Cook v. Levintan

Appellate Terms of the Supreme Court of New York

Cook v. Levintan

94 N.Y.S. 396

CourtAppellate Terms of the Supreme Court of New York

DecidedJune 26, 1905

StatusPublished

This text of 94 N.Y.S. 396 (Cook v. Levintan) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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

Pincite

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.

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Bluebook (online)

94 N.Y.S. 396, Counsel Stack Legal Research, https://law.counselstack.com/opinion/cook-v-levintan-nyappterm-1905.