Carr v. Case

This case involves the proper theory of liability of a dog owner whose dog, known to its owner to be dangerous, bites another person while restrained. Plaintiff-appellant Bernard J. Carr was awarded judgment for $3,672.00 against defendantappellee Warren Case following a jury trial. Appellant’s subsequent motions for additur, amendment of judgment and a new trial were denied, and he appealed. The question of the sufficiency of the damages having been preserved for the consideration of the lower court, the case is properly before us. Cf. McCarthy v. Emmons, 135 Vt. 450, 378 A.2d 107 (1977).

The…