Lacker v. Strauss
Massachusetts Supreme Judicial Court
Tort for the loss of a dog negligently run into and killed by the defendant’s motor car on a public highway in the town of Old Orchard in the State of Maine on September 12, 1914. Writ dated December 16, 1915. The case was tried before Stevens, J. The bill of exceptions states that, in “view of the finding of the jury, the defendant concedes, for the purposes of this case, that there was evidence which would justify a finding of negligence on the part of the defendant’s…
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Tort for the loss of a dog negligently run into and killed by the defendant’s motor car on a public highway in the town of Old Orchard in the State of Maine on September 12, 1914. Writ dated December 16, 1915. The case was tried before Stevens, J. The bill of exceptions states that, in “view of the finding of the jury, the defendant concedes, for the purposes of this case, that there was evidence which would justify a finding of negligence on the part of the defendant’s chauffeur, who was driving the automobile at the time of the accident, but claims there was no evidence to justify a finding…
1Opinion of the CourtPierce, J.
By the common law a dog is property, for an injury to which an action will lie. Wright v. Ramscot, 1 Wms. Saund. 108. 2 Bl. Com. 393. Chapman v. Decrow, 93 Maine, 378. Uhlein v. Cromack, 109 Mass. 273. Cummings v. Perham, 1 Met. 555. *581State v. M’Duffie, 34 N. H. 523. St. Louis Southwestern Railway v. Stanfield, 63 Ark. 643. 4 Bl. Com. 235. "By the common law, as well as by the law of most, if not all, the States, dogs are so far recognized as property that an action will lie for their conversion or injury.” Sentell v. New Orleans & Carrollton Railroad, 166 U. S. 698.
The defendant concedes his…
2Cases cited10 opinions
- Jemison v. Southwestern RailroadSupreme Court of Georgia · 1885
- Columbus Railroad v. WoolfolkSupreme Court of Georgia · 1907
- Carrington v. Worcester Consolidated Street Railway Co.Massachusetts Supreme Judicial Court · 1915
- Dickerman v. Consolidated Railway Co.Supreme Court of Connecticut · 1907
- Sentell v. New Orleans & Carrollton RailroadSupreme Court of the United States · 1897
5 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Scharfeld v. RichardsonCourt of Appeals for the D.C. Circuit · 1942
- Texeira v. SundquistMassachusetts Supreme Judicial Court · 1934
- Griffin v. FancherSupreme Court of Connecticut · 1941
- Baer v. TylerMassachusetts Supreme Judicial Court · 1927
- Massachusetts Society for the Prevention of Cruelty to Animals v. Commissioner of Public HealthMassachusetts Supreme Judicial Court · 1959
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