Warsevecz v. Mills

Appellate Division of the Supreme Court of New York

Warsevecz v. Mills

258 A.D. 846, 15 N.Y.S.2d 687, 1939 N.Y. App. Div. LEXIS 7209

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

DecidedNovember 10, 1939

StatusPublished

Cited by1 cases

This text of 258 A.D. 846 (Warsevecz v. Mills) 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

Warsevecz v. Mills, 258 A.D. 846, 15 N.Y.S.2d 687, 1939 N.Y. App. Div. LEXIS 7209 (N.Y. Ct. App. 1939).

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Opinion

Judgment and order affirmed, with costs. Memorandum: The verdict which plaintiff had is supported by the evidence and is within the law applicable to the facts. In view of the fact that defendant’s bull was trespassing on plaintiff’s land when the bull attacked the plaintiff, plaintiff was not obliged to plead and prove that he was [847]*847vicious to the knowledge of the defendant. (See Van Leuven v. Lyke, 1 N. Y. 515; Dickson v. McCoy, 39 id. 400; Hyland v. Cobb, 252 id. 325; Marsh v. Hand, 120 id. 315.) All concur. (The judgment is for plaintiff in an action to recover damages for personal injuries sustained by reason of being attacked by a dangerous bull. The order denies a motion for a new trial.) Present — Crosby, Lewis, Cunningham, Taylor and Dowling, JJ.

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Judgment and order affirmed, with costs. Memorandum: The verdict which plaintiff had is supported by the evidence and is within the law applicable to the facts. In view of the fact that defendant’s bull was trespassing on plaintiff’s land when the bull attacked the plaintiff, plaintiff was not obliged to plead and prove that he was [847]*847vicious to the knowledge of the defendant. (See Van Leuven v. Lyke, 1 N. Y. 515; Dickson v. McCoy, 39 id. 400; Hyland v. Cobb, 252 id. 325; Marsh v. Hand, 120 id. 315.) All concur. (The judgment is for plaintiff in an action to recover damages for personal injuries sustained by reason of being attacked by a dangerous bull. The order denies a motion for a new trial.) Present — Crosby, Lewis, Cunningham, Taylor and Dowling, JJ.

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Bluebook (online)

258 A.D. 846, 15 N.Y.S.2d 687, 1939 N.Y. App. Div. LEXIS 7209, Counsel Stack Legal Research, https://law.counselstack.com/opinion/warsevecz-v-mills-nyappdiv-1939.

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