You are here: / / Owner of Animal Which Strays Can Be Liable in Tort for Related Motorcycle...
,

Owner of Animal Which Strays Can Be Liable in Tort for Related Motorcycle Accident

The Fourth Department determined plaintiff’s complaint should not have been dismissed.  Plaintiff’s decedent was killed when his motorcycle struck a cow which had wandered off defendant’s land:

The Court [of Appeals has] held that “a landowner or the owner of an animal may be liable under ordinary tort-law principles when a farm animal—i.e., a domestic animal as that term is defined in Agriculture and Markets Law § 108 (7)—is negligently allowed to stray from the property on which the animal is kept” … . Sargent v Mammoser, 2014 NY Slip Op 03372, 4th Dept 5-9-14

 

You might also like
No “Extraordinary Circumstances” Existed to Justify Granting Primary Custody of Child to Grandparents
Failure of Sentencing Court to Inform Defendant of Period of Post-Release Supervision Required Release after Sentence Served
Meaning of “Passageway” at Work Site Explained
Trial Judge Should Have Allowed Slightly Late Peremptory Challenge—Conviction Reversed
PLAINTIFF’S MOTION TO COMPEL POST-JUDGMENT DISCOVERY TO DETERMINE DAMAGES SHOULD HAVE BEEN GRANTED, DEFENDANTS’ ANSWER HAD BEEN STRUCK FOR FAILURE TO COMPLY WITH A DISCOVERY ORDER AND A DEFAULT JUDGMENT HAD BEEN GRANTED.
PLAINTIFF FELL THROUGH A SKYLIGHT HOLE WHEN ATTEMPTING TO REMOVE PLYWOOD WHICH WAS COVERING THE HOLE; PLAINTIFF WAS PROPERLY AWARDED SUMMARY JUDGMENT ON HIS LABOR LAW 240 (1) CAUSE OF ACTION (FOURTH DEPT).
THE ESTATE OF A PARTY TO A SEPARATION AGREEMENT MAY SEEK A DOWNWARD MODIFICATION OF THE AGREED MAINTENANCE PAYMENTS; THE DISSENT ARGUED ONLY THE PARTY, NOT THE ESTATE OF THE PARTY, CAN SEEK A DOWNWARD MODIFICATION AND THE MATTER SHOULD BE HANDLED IN PROBATE (FOURTH DEPT).
DEFENDANT WAS NOT INFORMED OF THE DIRECT CONSEQUENCES OF HIS GUILTY PLEA PRIOR TO ENTERING THE PLEA; THEREFORE THE PLEA WAS VACATED (FOURTH DEPT).

Categories

Sign Up for the Mailing List to Be Notified When the Site Is Updated.

  • This field is for validation purposes and should be left unchanged.

Copyright © 2025 New York Appellate Digest, Inc.
Site by CurlyHost | Privacy Policy

Unexplained Collapse of Worker on the Job Properly Presumed to Arise Out of... Waiver of Appeal Encompasses Sentencing Court’s Denial of Youthful Offender...