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BRUNI v. COLLIS

17 N.Y.2d 707 (1966)

Mary A. Bruni, an Infant, by Her Guardian ad Litem, Victor Bruni, et al., Respondents, v. Jane M. Collis et al., Appellants.

Court of Appeals of the State of New York.

Decided March 31, 1966.

Attorney(s) appearing for the Case

Edward F. McLaughlin for Jane M. Collis and another, appellants.

Eugene P. Hubbard for Janet M. MacCallum, appellant.

Salvador J. Capecelatro, Jr., and Shaw J. Dallal for respondents.

Concur: Chief Judge DESMOND and Judges FULD, BURKE and KEATING. Dissent: Judges VAN VOORHIS, SCILEPPI and BERGAN.

Order affirmed, with costs; no opinion.

Judges VAN VOORHIS, SCILEPPI and BERGAN dissent and vote to reverse and to dismiss the complaint as to defendant MacCallum upon the ground that there was no evidence of scienter of any propensity in this horse calling upon defendant MacCallum to take more than ordinary care in the confinement of horses (Benoit v. Troy & Lansingburgh R. R. Co., 154 N.Y. 223; Van Leuven v. Lyke, 1 N.Y. 515; Brown v. Willard...

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