Barnett v. Pulda, 1.

Decision Date31 January 1936
Docket NumberNo. 1.,1.
PartiesBARNETT v. PULDA et al.
CourtNew Jersey Supreme Court

Syllabus by the Court.

1. It is settled law that the owner of an animal having no natural propensity to be vicious will not be responsible for injuries to another person, resulting from the vicious acts of such animal, unless it is established that the owner had knowledge, either actual or constructive, of its vicious disposition.

2. Providing fuel to heat school buildings is a governmental function of the board of education, as an agency of the state, and, that being so, it cannot be called upon to respond to damages caused by the negligent delivery of the fuel.

Appeal from Supreme Court.

Suit by Joseph W. Barnett, administrator ad prosequendum of George Barnett, deceased, against Louis Pulda and others. From a judgment of nonsuit, plaintiff appeals.

Affirmed.

Joseph W. Barnett, pro se.

Klemmer Kalteissen and Lewis D. Busch, both of New Brunswick (Herman H. Anekstein, of New Brunswick, of counsel), for respondents.

HETFIELD, Judge.

This suit was brought in the Supreme Court, Middlesex circuit, by the present appellant as administrator ad prosequendum of George Barnett, deceased, against Louis Pulda, the board of education of North Brunswick township, and Emily Hanson and Mildred Terhune, teachers. It appears that the board of education had ordered some firewood from the defendant, Louis Pulda, to be delivered at the Adams Schoolhouse, which sets back a little distance from the main road, and contains two classrooms with the two teachers in charge. In the rear of each of the rooms was a woodbin. The wood was delivered by an employee of Pulda's on May 2, 1927, and was contained in a wagon drawn by a team of horses. Just before recess was declared the wagon was driven on the playgrounds, close to the bins, for the purpose of unloading. While the driver was throwing the wood from the wagon into the bins, the decedent, George Barnett, a boy ten years of age, who was standing near the horses, was kicked in the stomach by one of them. During the boy's lifetime, suit was instituted by his father, the present appellant, as a next friend, for the injuries resulting from the kick. Trial was held on October 8, 1928, and the court granted a nonsuit as to all the defendants. The boy died on November 28, 1928, after which the present suit was instituted. The plaintiff submitted to a voluntary nonsuit as to the teachers, Hanson and Terhune. At the end of the plaintiff's case, the court...

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6 cases
  • Kelley v. Curtiss
    • United States
    • New Jersey Superior Court — Appellate Division
    • 18 Enero 1954
    ...& A.1931); Pincus v. Sublett, 26 N.J.Super. 188, 97 A.2d 712 (App.Div.1953); Restatement of Torts, § 518; but cf. Barnett v. Pulda, 116 N.J.L. 141, 182 A. 879 (E. & A.1936). We think it was for the jury to determine whether a horse standing in this driveway to a private auto parking lot, wa......
  • Thompson v. Board of Ed., City of Millville, A--304
    • United States
    • New Jersey Superior Court — Appellate Division
    • 27 Junio 1952
    ...Education, 102 N.J.L. 606, 133 A. 301 (E. & A.1926); McKnight v. Cassady, 113 N.J.L. 565, 174 A. 865 (E. & A.1934); Barnett v. Pulda, 116 N.J.L. 141, 182 A. 879 (E. & A.1936). '* * * since governmental agencies or organizations in charge of public schools or public institutions of higher le......
  • Darnold v. Voges
    • United States
    • California Court of Appeals Court of Appeals
    • 18 Julio 1956
    ...v. Fresno Flume & Irr. Co., 118 Cal. 315, 50 P. 373, 62 Am.St.Rep. 238; Schnell v. Howitt, 158 Or. 586, 76 P.2d 1130; Barnett v. Pulda, 116 N.J.L. 141, 182 A. 879. They declare that 'the O'Brien case is so factually indistinguishable from the instant case' etc. that upon the strength of it ......
  • Darnold v. Voges
    • United States
    • California Court of Appeals Court of Appeals
    • 29 Febrero 1956
    ...Clowdis v. Fresno Flume & Irrigation Co., 118 Cal. 315, 50 P. 373; Schnell v. Howitt, 158 Or. 586, 76 P.2d 1130, 1131; Barnett v. Pulda, 116 N.J.L. 141, 182 A. 879. They declare that 'the O'Brien case is so factually indistinguishable from the instant case' etc. that upon the strength of it......
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