O'Donnell v. Pollock
Massachusetts Supreme Judicial Court
’ Tort, for injuries caused by the bite of a dog. The declaration was in two counts, the first of which alleged the defendant to be the owner, and the second the keeper of the dog. Trial in the Superior Court, before Bond, J., who allowed a bill of exceptions in substance as follows. The plaintiff testified that he was bitten by the dog on August 9, 1895, while working in the field for William H. Winn, a farmer in Burlington.
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’ Tort, for injuries caused by the bite of a dog. The declaration was in two counts, the first of which alleged the defendant to be the owner, and the second the keeper of the dog. Trial in the Superior Court, before Bond, J., who allowed a bill of exceptions in substance as follows. The plaintiff testified that he was bitten by the dog on August 9, 1895, while working in the field for William H. Winn, a farmer in Burlington. Winn, called by the plaintiff, testified that the plaintiff was bitten while working on his farm; that he, his son, and one Donovan were present at the time ; that he…
1Opinion of the CourtMorton, J.
The questions, “Who kept that dog on this place, if any one? ” and, “ Whether or not you kept the dog upon this place?” involved, we think, more matter of opinion and judgment than they did of fact, and therefore were rightly excluded. Whether the defendant or some one else kept the dog could be determined only by a consideration of all of the circumstances relating to the presence of the dog on the farm where the defendant lived; in other words, the questions would have called not so much for statements of facts coming within the observation of the witness as for statements of conclusions as…
2Cases cited1 opinion
- Whittemore v. ThomasMassachusetts Supreme Judicial Court · 1891
3Cited by11 opinions
- Walter v. McCarvelMassachusetts Supreme Judicial Court · 1941
- Boylan v. EverettMassachusetts Supreme Judicial Court · 1899
- Cruickshank v. Brockton Agricultural SocietyMassachusetts Supreme Judicial Court · 1927
- Anderson v. MiddlebrookMassachusetts Supreme Judicial Court · 1909
- Salisbury v. FerioliMassachusetts Appeals Court · 2000
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