Plumley v. Birge
Massachusetts Supreme Judicial Court
Tort, under the Gen. Sts. c. 88, § 59, to recover double the amount of the damage sustained from the bite of a dog. At the trial in the Superior Court, before Brigham, C. J., there was evidence tending to show that the plaintiff, a boy thirteen years old, while upon a narrow foot bridge, which the defendant’s dog was about to cross, and which he had a right to cross unmolested, endeavored to prevent him from crossing, by striking at him with a stick about three feet long,…
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Tort, under the Gen. Sts. c. 88, § 59, to recover double the amount of the damage sustained from the bite of a dog. At the trial in the Superior Court, before Brigham, C. J., there was evidence tending to show that the plaintiff, a boy thirteen years old, while upon a narrow foot bridge, which the defendant’s dog was about to cross, and which he had a right to cross unmolested, endeavored to prevent him from crossing, by striking at him with a stick about three feet long, which he held in his hand, and that, as the dog came within reach for the purpose of crossing, he struck him over the back…
1Opinion of the Court
Mortoít, J.
This is an action of tort, brought under the Gen. Sts. c. 88, § 59, to recover damages for an injury to the plaintiff, a boy of thirteen years of age, from the bite of a dog kept by the defendant. The only question presented is as to the correctness of two rulings given by the court at the request of the plaintiff. Other instructions were given which were not excepted to, and which we must assume to have been full and accurate. We need consider only the second ruling given, because, if it was correct, it includes and necessarily determines the first.
The second ruling was that “ if…
2Cases cited4 opinions
- Carter v. TowneMassachusetts Supreme Judicial Court · 1868
- Lynch v. SmithMassachusetts Supreme Judicial Court · 1870
- Meibus v. DodgeWisconsin Supreme Court · 1875
- Dowd v. Inhabitants of ChicopeeMassachusetts Supreme Judicial Court · 1874
3Cited by45 opinions
- Western & Atlantic Railroad v. YoungSupreme Court of Georgia · 1888
- Burger v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1892
- Rolin v. . Tobacco Co.Supreme Court of North Carolina · 1906
- Edgington ex rel. Meyer v. Burlington, Cedar Rapids & Northern Railway Co.Supreme Court of Iowa · 1902
- Campbell v. St. Louis & Suburban Railway Co.Supreme Court of Missouri · 1903
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