Wood v. Hamilton

Full title: Alice L. Wood, Respondent, v. William J. Hamilton, Appellant

Court: Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Dec 1, 1912

154 App. Div. 917 (N.Y. App. Div. 1912)

138 N.Y.S. 1150

Opinion

December, 1912.

Judgment and order reversed and new trial granted, with costs to appellant to abide event. Held, that there was no evidence of any previous vicious act of the dog nor that defendant had knowledge of any such act or that the dog was of a vicious character. All concurred, except McLennan, P.J., who dissented upon the ground that the evidence fairly established that the dog was vicious to the knowledge of the owner.