13 Johns. 339
Decided August 15, 1816
New York Supreme Court · decided 1816-08-15
IN ERROR, on certiorari to a justice’s court. The defendant in error, who was plaintiff in the court below, brought, an action against the • plaintiff in error in .the court below, and proved that the bull of the latter had gored his horse; but there was no evidence that the bull -had ever before done similar acts, or that he had ever before been unruly. The justice gave judgment for the plaintiff below, the defendan t in error. >
Good law ✅— No negative treatment on recordhow we know
Decided 1816-08-15
Cited by 13 later decisions — most recently October 1903
13 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
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¶1The judgment ds clearly .wrong. If damage be done by any domestic animal, kept for use or convenience, the owner is not liable to an action on the ground of riegligence,. without proof that he knew that the animal was'accustomed to do mischief. (1 Ld. Raym. 109, 2 Ld. Raym. 1583. Buxendin v. Sharp, 2 Salk. 662.)
¶2Judgment reversed,
¶3 1 Chitty on Plead. 69.