Worthen v. Love
Supreme Court of Vermont
ACTION on the case to recover for injuries resulting from the bite of a dog. Trial by court, March Term, 1887, Taut, J., presiding. The court assessed the damages at $30, but held that the plaintiff was not entitled to recover, and rendered judgment for the defendant. The facts appear in the opinion of the court. The defendant with knowledge of the vicious nature of the dog is answerable for the injuries. The language of Lee, Ch. J., in Smithy.
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ACTION on the case to recover for injuries resulting from the bite of a dog. Trial by court, March Term, 1887, Taut, J., presiding. The court assessed the damages at $30, but held that the plaintiff was not entitled to recover, and rendered judgment for the defendant. The facts appear in the opinion of the court. The defendant with knowledge of the vicious nature of the dog is answerable for the injuries. The language of Lee, Ch. J., in Smithy. Pelah, 2 Strange, 1264, has full application : “That if a dog has once bit a man, and the owner having notice thereof, keeps the dog and lets him go…
1Opinion of the Court
Tbe opinion of tbe court was delivered by
Ross, J.
On tbe facts found by tbe County Court, its judgment for tbe defendant was correct. Tbe owner of a dog known to be vicious, has the right to keep him, if he exercises proper care and diligence to secure him so that he will not injure any one who does not unlawfully provoke, or inter-meddle with him. Tbe court has found that the defendant knew tbe dog was vicious and képt him chained during the day time in his barn, and that he broke away and injured tbe plaintiff by reason of being unlawfully provoked by tbe plaintiff, who bad no lawful…
2Cases cited1 opinion
- Camp v. CampSupreme Court of Vermont · 1887
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- Martin Ex Rel. Martin v. ChristmanSupreme Court of Vermont · 2014
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