25 N.Y.S. 244 | N.Y. Sup. Ct. | 1893
The action was to recover damages for the alleged negligent killing of a valuable young dog. We think the judgment is right, and should be affirmed. The facts which the evidence tended to establish, and upon which the jury had a right to base their verdict, were briefly as follows: The plaintiff was superintendent of the Holy Sepulchre Cemetery on the Boulevard or Charlotte road extending north from Rochester, along and upon which the railroad of the defendant was constructed, and its electric cars were run. The plaintiff’s house was near the north end of the cemetery property, which consisted of about 300 acres, lying on both sides of the road. The plaintiff, having the charge and oversight of all this property, found it useful to keep one or more watch dogs on the premises, and at the time mentioned in the evidence he had two,—one an old dog, which he had trained to patrol the premises several times a day, passing up and down the road for that purpose; and the other the dog in question. He was a very large and well-bred English mastiff, only 11 months old, and was accustomed to accompany the old dog in his rounds, and was thus, in the most effective way, becoming trained to perform the same duties. On the day of the accident the two dogs were returning together from the southerly portion of the property to the plaintiff’s house, and had taken to the railroad track for that purpose. It was in January, and there was deep snow on the ground, some of which had been thrown from the track by the snow plow, and lay piled up to the height
Judgment and order of the county court of Monroe county, appealed from, affirmed. All concur.