123 N.Y.S. 724 | N.Y. App. Div. | 1910
Plaintiff’s cat was killed in tbe doorway of tbe vestibule of plaintiff’s bouse by tbe dogs of tbe defendant, Defendant admitted.tbat be bad taken tlie-dogs into .tbe street with him, and that when he discovered that they had not followed him home he followed them up to find them worrying the cat. The defendant seems to have done all that a humane person could do under tbe circumstances to save animal life. But -the undisputed evidence is that be took bis dogs into, the street unmuzzled and unleashed, and. that -the degs caught siglit of the cat and pursued it even into plaintiff’s -premises.
The judgment against -the defendant for the value of the cat should be affirmed'. The defendant had taken his dogs into the public street of the city of. New York, unmuzzled and not led, against a- city ordinance that was read in evidence, and, therefore, there was evidence of his negligence shown by bis violation thereof-. And moreover, the dogs, thus let loose in the public street, had
The judgment is, therefore, affirmed, with costs. ■
Present —Woodward,-Jenks, Burr, Thomas and Carr, JJ.
Judgment of the Municipal Court unanimously affirmed, with costs.
See 123 App. Div. 648.— [Rep.
