McCarrick v. Kealy
Supreme Court of Connecticut
Action to recover damages for personal injuries claimed to have been caused by the defendant’s dog, brought before a justice of the peace and thence by the defendant’s appeal to the Court of Common Pleas for Fairfield County, and tried to the court, Downs, J.; facts found and judgment rendered for the plaintiff, and appeal by the defendant for alleged errors in the rulings of the court.
Read the full summary
Action to recover damages for personal injuries claimed to have been caused by the defendant’s dog, brought before a justice of the peace and thence by the defendant’s appeal to the Court of Common Pleas for Fairfield County, and tried to the court, Downs, J.; facts found and judgment rendered for the plaintiff, and appeal by the defendant for alleged errors in the rulings of the court. The -plaintiff was described as a minor, who sued by Michael McCarrick, her natural guardian and next friend. The trial court found the following facts: 1. On the 23d day of March, 1895, the defendant resided…
1Opinion of the CourtHall, J.
The decision of this case in the trial court depended upon the question of fact whether the plaintiff was *645bitten by the defendant’s dog, or was injured, as the defendant claimed, by a fall while she was running in the field. The plaintiff was the only witness who testified that she was bitten by the dog. What evidence was introduced by the defendant in support of his contention does not appear from the record before us.
As a part of the res gestee, and against the defendant’s objection, the court admitted evidence of the declaration of the plaintiff, made to her mother, within five minutes…
2Cases cited2 opinions
- Judson v. BlanchardSupreme Court of Connecticut · 1821
- Enos v. TuttleSupreme Court of Connecticut · 1820
3Cited by15 opinions
- DeCarufel v. Colonial Trust Co.Supreme Court of Connecticut · 1955
- Perry v. HaritosSupreme Court of Connecticut · 1924
- Collins v. YorkSupreme Court of Connecticut · 1970
- Newman v. NewmanSupreme Court of Connecticut · 1995
- Morse v. Consolidated Railway Co.Supreme Court of Connecticut · 1908
10 more not listed; retrieve them via the Exa API.