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HERTZ v. GRAHAM

168 F.Supp. 755 (1958)

Fannie K. HERTZ, Plaintiff v. Elizabeth N. GRAHAM, individually and doing business as Maine Chance Farm, Defendant.

United States District Court S. D. New York.

January 23, 1958.

Attorney(s) appearing for the Case

Simpson, Thacher & Bartlett, New York City, for plaintiff; Stephen P. Duggan, Jr., Cyrus R. Vance, Newell G. Alford, Jr., New York City, of counsel.

Townley, Updike, Carter & Rodgers, New York City, for defendant; P. John Picinich, New York City, of counsel.

IRVING R. KAUFMAN, District Judge.

Plaintiff's motion for reargument is granted and my original decision insofar as it relates to the denial of plaintiff's motion for summary judgment is adhered to. My opinion of December 23, 1957 pointed out that Judge Dawson had quoted from the Restatement of the Law of Torts, Section 509, on the liability of a possessor of dangerous animals. In his charge, Judge Dawson stated: "Thus, one who keeps a domestic animal, such as a horse...

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