MATTICE v. L'AMEREAUX


279 A.D. 683 (1951)

Robert E. Mattice, Respondent, v. Fred L'Amereaux, Appellant

Appellate Division of the Supreme Court of the State of New York, Third Department.

November 14, 1951.


The facts are not in dispute. Defendant was the owner of a certain "game" fowl, both male and female, known as "Heathwood" and "Clayborne" breeds, which he reared upon his own premises for show purposes, production and sale of hatching eggs, and breeding stock. On the day in question plaintiff's dog trespassed upon defendant's premises and killed several of defendant's fowls. Defendant was aroused from his bed by a neighbor and tried without success to chase the dog away...

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