In Fedick v. Fenton, 166 Misc 707, 2 NYS2d 436 [Supreme Court of New York 1938], where a houseworker employed by the owned tripped over the owner's dog, the housekeeper alleged that despite her requests to confine the dog, the owner failed to do so. The houseworker commenced an action predicated upon both negligence and nuisance. The court held that the dog owner was not guilty of nuisance for permitting his dog to lie about within the confines of his own residence, and the owner was not guilty of negligence because he was under no duty to confine or leash the dog at home.