Moulton v. Inhabitants of Scarborough
Supreme Judicial Court of Maine
ON EXCEPTIONS. This was an action of the case, for that the said defendants at said Scarborough, on the twenty-ninth day of December, A. 1). eighteen hundred and seventy-seven, and for a long time prior thereto, were the owners and possessed of a certain ram, of vicious disposition and accustomed to attack and butt persons, all which was then and there well known to the defendants ; yet the defendants neglecting their duty in the premises, an The' defendant demurred to the…
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ON EXCEPTIONS. This was an action of the case, for that the said defendants at said Scarborough, on the twenty-ninth day of December, A. 1). eighteen hundred and seventy-seven, and for a long time prior thereto, were the owners and possessed of a certain ram, of vicious disposition and accustomed to attack and butt persons, all which was then and there well known to the defendants ; yet the defendants neglecting their duty in the premises, an The' defendant demurred to the declaration, and the same being joined, it was overruled proforma. cited: Marble v. Ross, 124 Mass. 44; Jewett v. Gage,…
1Opinion of the Court
Li3>,B7oy, J.
This case conies before us on general demurrer to the declaration. It is for negligence of the defendant in not taking proper care of and restraining a vicious ram, owned and kept by the town, by reason whereof the plaintiff was attacked by the ram and seriously injured.
It is not claimed in support of the demurrer that the declaration is defective; but it is contended in behalf of the defendants, that the town had no legal authority to own and keep a ram; that the act was ultra vires, and that, therefore, the town is not liable.
It is admitted, however, by the defendants’ counsel,…
2Cases cited1 opinion
- Oliver v. City of WorcesterMassachusetts Supreme Judicial Court · 1869
3Cited by8 opinions
- Hourigan v. City of NorwichSupreme Court of Connecticut · 1904
- Lane v. Minnesota State Agricultural SocietySupreme Court of Minnesota · 1895
- Mendel & Co. v. City of WheelingWest Virginia Supreme Court · 1886
- Ulrich v. City of St. LouisSupreme Court of Missouri · 1892
- Pfefferle v. Board of CommissionersSupreme Court of Kansas · 1888
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