Crowley v. Groonell
Supreme Court of Vermont
Case for an injury to the plaintiff by the defendant’s dog. Plea, the general issue. Trial by jury, Rutland County, March Term, 1900, Rowell, J., presiding. Verdict and judgment for the plaintiff. The defendant excepted.
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Case for an injury to the plaintiff by the defendant’s dog. Plea, the general issue. Trial by jury, Rutland County, March Term, 1900, Rowell, J., presiding. Verdict and judgment for the plaintiff. The defendant excepted. It appeared that the plaintiff, an old man, was a neighbor of the defendant and went one morning to the defendant’s barn, where the latter was, to buy some potatoes of him; that when. the plaintiff got near the barn, the defendant’s dog, which was large, and was lying near the barn door, assaulted the plaintiff by jumping up and putting his feet upon him and throwing him…
1Opinion of the CourtWatson, J.
The only exception upon which the defendant relies is the one to that part of the charge where the court said that a cross and savage disposition on the part of the dog was not necessary in order to impose liability; that a mischievous propensity to commit the kind of assault complained of was enough if the plaintiff’s case was otherwise made out; and that in respect to imposing liability, it made no difference whether such assault proceeded from good nature or ill nature, from ugliness or playfulness.
The defendant contends that the duty of restraint attaches only when the owner or keeper has…
2Cases cited3 opinions
- Buckley v. LeonardNew York Supreme Court · 1847
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- Reynolds v. HusseySupreme Court of New Hampshire · 1886
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- Sink Ex Rel. Pullen v. MooreSupreme Court of North Carolina · 1966
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