Legal Opinion

Burns v. Fredericks

Supreme Court of Connecticut

Decided May 15, 1870PublishedCited by 4 opinions

Teespass for injuries done by the defendant’s dog to the plaintiff, a minor who sued by his father and natural guardian ; brought to the Superior Court in Fairfield county, and tried to the jury on the general issue before Sanford, J. On the trial the plaintiff claimed to have proved by the testimony of himself and one Wielbacker, that while passing along a public street in Bridgeport, on his way to his father’s house, being then a child of eight years of age, he saw a large…

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Teespass for injuries done by the defendant’s dog to the plaintiff, a minor who sued by his father and natural guardian ; brought to the Superior Court in Fairfield county, and tried to the jury on the general issue before Sanford, J. On the trial the plaintiff claimed to have proved by the testimony of himself and one Wielbacker, that while passing along a public street in Bridgeport, on his way to his father’s house, being then a child of eight years of age, he saw a large dog belonging to the defendant loose in the street, and a number of boys' engaged in throwing stones before the dog for…

1Opinion of the Court

Butler, O. J.

This was an action to recover for damage done by a dog, against the defendant as owner, the dog at the time being in the keeping of another person, one Mitskey, whom the defendant claimed to be the owner. The case presents numerous questions, which will be considered in the order in which they are presented by the motion.

1. The first two questions relate to declarations by Mitskey to the plaintiff’s father, after the injury, while he was in possession of the dog, to the effect that the defendant was the owner. The plaintiff sóught to get these declarations before the jury, as…

2Cited by4 opinions

  1. Donaghue v. GaffySupreme Court of Connecticut · 1885
  2. Carroll v. WeaverSupreme Court of Connecticut · 1894
  3. Coldwater National Bank v. BuggieMichigan Supreme Court · 1898
  4. In re Juvenile AppealSupreme Court of Connecticut · 1982

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