Ryan v. Marren
Massachusetts Supreme Judicial Court
Tort for assault and battery alleged to have been committed by a barkeeper of the defendants, with a fourth count under R. L. c. 102, § 146, for being attacked and bitten by a dog alleged to have been owned or kept by the defendants. Writ dated May 13, 1912. In the Superior Court the case was tried before McLaughlin, J. The evidence is described in the opinion. The case was tried on the first and fourth counts.
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Tort for assault and battery alleged to have been committed by a barkeeper of the defendants, with a fourth count under R. L. c. 102, § 146, for being attacked and bitten by a dog alleged to have been owned or kept by the defendants. Writ dated May 13, 1912. In the Superior Court the case was tried before McLaughlin, J. The evidence is described in the opinion. The case was tried on the first and fourth counts. The jury returned a verdict for the defendants; and the plaintiff alleged exceptions to certain portions of the judge’s charge, which are described in the opinion.
1Opinion of the CourtCrosby, J.
This is an action of tort. The case was tried upon the first and fourth counts.
The first count was for an assault and battery committed by the defendants and their servants and agents, on May 3, 1912; the fourth was for being bitten on the same day by a dog owned and kept by the defendants. R. L. c. 102, § 146. It was agreed that the first count should include any damages sustained by the plaintiff if the jury found that the dog was set upon him by the defendants or their servants or agents.
The defendants were in the liquor business and carried on two adjoining stores, one being referred to…
2Cases cited10 opinions
- Champ v. CommonwealthCourt of Appeals of Kentucky · 1859
- Commonwealth v. WrightMassachusetts Supreme Judicial Court · 1893
- Low v. ElwellMassachusetts Supreme Judicial Court · 1876
- Kelley v. KilloureySupreme Court of Connecticut · 1908
- Coleman v. New York & New Haven Railroad Co.Massachusetts Supreme Judicial Court · 1870
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3Cited by13 opinions
- Sullivan v. WardMassachusetts Supreme Judicial Court · 1939
- Foy v. DaykoNew Jersey Superior Court Appellate Division · 1964
- Ciarmataro v. AdamsMassachusetts Supreme Judicial Court · 1931
- Mason v. JacotMassachusetts Supreme Judicial Court · 1920
- Leone v. FalcoMassachusetts Supreme Judicial Court · 1935
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