Leone v. Kelly
Supreme Court of Connecticut
Action to recover damages for personal injuries caused by the bite of a dog, brought to the Superior Court in New Haven County and tried to the jury before Ralph Wheeler, J.; verdict and judgment for the plaintiff for $250, and'appeal by the defendant. No error.
1Opinion of the CourtPrentice, J.
The plaintiff- is a minor who sues by his guardian and next friend. He claims to have proved, upon the trial to the jury, that while he was lawfully traveling upon the highway he was bitten by the defendant’s dog. The defendant thereupon claimed to the court that the action, by reason of the averments of the complaint, was one at common law, and asked the court to give the jury instructions upon the subject of scienter and contributory negligence, which he claimed to be appropriate to that form of action. The only reasons of appeal which are pursued in the brief of his counsel relate to the…
2Cases cited12 opinions
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- Mareau v. VanattaIllinois Supreme Court · 1878
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3Cited by7 opinions
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- Landi v. Kirwin & FletcherSupreme Court of Rhode Island · 1931
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