Smith v. Palace Transp. Co.
| Decision Date | 19 October 1931 |
| Citation | 142 Misc. 93,253 N.Y.S. 87 |
| Parties | WILLIAM SMITH, Plaintiff, v. PALACE TRANSPORTATION CO., INC., Defendant. |
| Court | New York City Municipal Court |
Action to recover for killing of dog by automobile.
Judgment for the plaintiff for seventy-five dollars. Ten days' stay.
In this action for damages arising from the death under the wheels of a taxicab of plaintiff's five months old fox terrier as it played near the curb line in a littletraveled street in the city of New York, the facts warrant a finding that the traffic conditions in the neighborhood, by reason of the construction of the George Washington Bridge, called for cautious driving on the part of the taxicab driver who had no reason to expect of the little dog that standard of prudence that marks the conduct of the average careful creature. The taking of the pup from the household to the highway is a legitimate errand and to release it from its leash or muzzle is not in itself negligence.
The value of a dog is governed by the type, traits and pedigree of the animal, so that what one pays for a dog is of import in appraising its value. Under the circumstances, plaintiff is entitled to judgment for seventy-five dollars.
A Spencer Feld [Samuel J. S. Feld of counsel], for the plaintiff.
A Bertram Samuels [David F. Pisik of counsel], for the defendant.
Man's attachment for the dog is of old standing.
The auto has driven the horse from the highway, but even in this mechanical age the dog is no stranger on our streets.
Plaintiff was the owner of a five months old fox terrier. One day his wife brought the pup to the streets. The dog ran or romped to the children, and then, while in the One Hundred and Seventy-ninth street roadway, close to the north curb, a taxi south bound on Pinehurst avenue, after making a left turn, laid the little dog lifeless on the highway.
At this locality (One Hundred and Seventy-ninth street and Pinehurst avenue) the cross street was not then a much-traveled thoroughfare. The construction of the George Washington Bridge had cut off south-bound traffic on Pinehurst avenue, below One Hundred and Seventy-ninth street, and obstructions in the highway had narrowed the lane of traffic going east. These facts and features in themselves called for cautious driving.
To take a pup from the household to the highway is a legitimate errand. To...
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...sentimental value or mental suffering are not recoverable. 3 C.J.S. Animals § 234, page 1346; 1 A.L.R.3d, page 1000; Smith v. Palace Transp. Co., 253 N.Y.S. 87, 142 Misc. 93; Wilcox v. Butts Drug Stores, 38 N.M. 502, 35 P.2d In the case at bar there apparently was no attempt made by the par......
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Fowler v. Town of Ticonderoga
...property and damages may not be recovered for mental distress caused by its malicious or negligent destruction (Smith v. Palace Transp. Co., 142 Misc. 93, 94, 253 N.Y.S. 87; 1 Harper & James, Torts § 2.6, at 111-112; cf. Coroso v. Crawford Dog & Cat Hosp., 97 Misc.2d 530, 531, 415 N.Y.S.2d ......
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