Town of Lowell v. Parker

This is an action of tort predicated on G. L. 6737, to recover damages paid by the plaintiff to one Barney for sheep killed and injured by dogs, which it is claimed were owned by the defendants. The case is here on plaintiff’s exceptions. The questions for review relate to the admission of evidence, and to the charge of the court, on the issue of whether defendants’ dogs did the damage complained of.

In order to determine the admissibility of the evidence excepted to, it is necessary to have in mind the status of plaintiff’s evidence at the time the challenged evidence was received.

The…