Uhlein v. Cromack
Massachusetts Supreme Judicial Court
Tort for killing the plaintiff’s dog. Trial, and verdict for the plaintiff with $65 damages, in the superior court, before Putnam, J., who allowed the following bill of exceptions: “ The plaintiff introduced evidence tending to show that he was the owner of a watch dog, which he had trained for the purpose, and kept on his messuage in Malden, to protect his family in his absence, he being required by the nature of his business to be absent several months each year; that he…
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Tort for killing the plaintiff’s dog. Trial, and verdict for the plaintiff with $65 damages, in the superior court, before Putnam, J., who allowed the following bill of exceptions: “ The plaintiff introduced evidence tending to show that he was the owner of a watch dog, which he had trained for the purpose, and kept on his messuage in Malden, to protect his family in his absence, he being required by the nature of his business to be absent several months each year; that he kept the dog chained, in the daytime, in a kennel in his yard, the length of the chain outside of the kennel being about…
1Opinion of the CourtChapman, C. J.
By the common law, a dog is property, for an injury to which an action will lie. Wright v. Ramscot, 1 Saund. 84. 2 Bl. Com. 393. In this Commonwealth the keeping of. dogs is regulated by the Gen. Sts. c. 88, §§ 52 & seq., and the St. of 1867, c. 130. The plaintiff kept his dog restrained in conformity with the statutes. Although the dog was a dangerous animal, and accustomed to bite those who came near it, yet, as it was confined, so that all persons properly on the plaintiff’s premises were in no danger from it, and was otherwise kept according to law, and the defendant had not been attacked…
2Cited by9 opinions
- Heiligmann v. RoseTexas Supreme Court · 1891
- Lacker v. StraussMassachusetts Supreme Judicial Court · 1917
- Columbus Railroad v. WoolfolkSupreme Court of Georgia · 1907
- 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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