George W. Dickson, an Infant, &c., Respondent v. Luther J. McCoy, Appellant

Summary

The New York Court of Appeals affirmed the judgment for the plaintiff, holding that the defendant was negligent for permitting his horse to run at large on a public sidewalk, and that proof of the animal's vicious disposition was not required to establish liability. The court found the jury instruction proper and declined to charge the defendant's requested instruction limiting liability. Justice 030concurrence, in a separate concurrence, agreed with the result but argued that the refusal to give the requested instruction was erroneous.