Anderson v. Middlebrook
Massachusetts Supreme Judicial Court
Tort under E. L. c. 102, § 146, against TomB. Middlebrook and Ellen Johnson, for injuries received on July 8, 1907, from the bite of a dog of which the defendants were alleged to be the owners or keepers.
Read the full summary
Tort under E. L. c. 102, § 146, against TomB. Middlebrook and Ellen Johnson, for injuries received on July 8, 1907, from the bite of a dog of which the defendants were alleged to be the owners or keepers. Writ in the Municipal Court of the city of Boston dated July 25, 1907. The declaration contained six counts, the first of which alleged that the two defendants were at the time of the injury the joint keepers of the dog which caused the injuries; the second count alleged that the two defendants were the joint owners of the dog at the time; the third count that the defendant Johnson was the…
1Opinion of the CourtLoring, J.
The only question presented by this bill of exceptions is whether the jury were warranted in finding that the , dog which bit the plaintiff was kept jointly by both defendants on July 8, 1907, the day in question.
The defendant Middlebrook testified that before May, 1905, certain dog kennels, called the Revere Collie Kennels, had been established by him on premises owned by him, and on that day he had sold all the dogs and the good will of the business done there under the name of the Revere Collie Kennels to the defendant Ellen Johnson, who “ was in the employ of his, Middle-brook’s, wife. ”…
2Cases cited7 opinions
- Hankinson v. Lynn Gas & Electric Co.Massachusetts Supreme Judicial Court · 1900
- Boylan v. EverettMassachusetts Supreme Judicial Court · 1899
- Emerson v. WarkMassachusetts Supreme Judicial Court · 1904
- Whittemore v. ThomasMassachusetts Supreme Judicial Court · 1891
- O'Donnell v. PollockMassachusetts Supreme Judicial Court · 1898
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Gordon v. BedardMassachusetts Supreme Judicial Court · 1929
- Canavan v. GeorgeMassachusetts Supreme Judicial Court · 1935
- Walsh v. FeinsteinMassachusetts Supreme Judicial Court · 1925
- Bottcher v. BuckMassachusetts Supreme Judicial Court · 1928
- Cobb, Bates & Yerxa Co. v. HillsMassachusetts Supreme Judicial Court · 1911
4 more not listed; retrieve them via the Exa API.