120 N.Y. 315 | NY | 1890
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At the time of the injury the buck sheep which made the attack on plaintiff was trespassing upon his premises. This was primafacie sufficient to charge the owner with liability for the damages sustained by the plaintiff. (Van Leuven v. Lyke,
The exception to the charge that they were liable for the negligence of Cumber, therefore, was well taken. And the trial court should have, as requested, charged the jury that those defendants were liable for nominal damages only.
The order should be affirmed and judgment absolute directed against the plaintiff.
All concur except FOLLETT, Ch. J., not sitting.
Order affirmed and judgment accordingly.