155 N.Y.S. 310
Appellate Division of the Supreme Court of the State of New York
Decided October 29, 1915
Appellate Division of the Supreme Court of the State of New York · decided 1915-10-29
<p>Animals <§=>70—Personal Injuries—Does.</p> <p>Where the owner of a dog did not know or believe, or have reason to know or believe, that the animal was vicious or dangerous to mankind, was not negligent in allowing it to run at large, and violated no ordinance in doing so, he was not liable for personal injuries inflicted by such dog.</p> <p>[Ed. Note.—For other cases, see Animals, Cent. Dig. §§ 225, 228-237; Dec. Dig. <§=>70. ]</p>
Cited by 1 later decisions — most recently May 1951
Good law ✅— No negative treatment on recordhow we know
Decided 1915-10-29
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¶1The determinations of the Appellate Term and the judgments of the Municipal Court are reversed, with costs, and the complaints dismissed, with costs, upon the ground that the defendant did not know or believe, or have reason to know or believe, that the dog was vicious or dangerous to mankind, and that there is no proof that the defendant was negligent in permitting the dog to run at large, or that any ordinance was violated.
¶2Settle orders on notice.