Lathrop v. Dearing
Supreme Court of Minnesota
Appeal by defendant, Samuel Dearing, from an order of the District Court of Ramsey County, John W. Willis, J., made January 27, 1894, denying his motion to set aside the verdict and to allow him to serve a supplemental answer and have a new trial. On April 11, 1892, Harry Lathrop, a newsboy eight years old, was attacked while delivering newspapers and bitten by two vicious dogs belonging to Samuel Dearing and his son-in-law, William F. Schutte.
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Appeal by defendant, Samuel Dearing, from an order of the District Court of Ramsey County, John W. Willis, J., made January 27, 1894, denying his motion to set aside the verdict and to allow him to serve a supplemental answer and have a new trial. On April 11, 1892, Harry Lathrop, a newsboy eight years old, was attacked while delivering newspapers and bitten by two vicious dogs belonging to Samuel Dearing and his son-in-law, William F. Schutte. They kept house together in the Sixth ward, St. Paul, and maintained the dogs on their premises. The boy’s father, Charles H. Lathrop, brought this…
1Opinion of the CourtCanty, J.
The plaintiff brought this action under the statute for the benefit of his minor son, of the age of eight years, against the defendants Schutte and Dearing, alleging in his complaint that the defendants wrongfully kept two vicious dogs, accustomed to bite children and others, which they well knew; and that on the 11th of April, while they so kept said dogs, knowing them to be vicious, the dogs attacked and bit said minor son, by reason of which said son is damaged in the sum of $5,000. Each of the defendants appeared by separate attorneys, and answered separately, and each, in his answer,…
2Cases cited1 opinion
- Drew v. Watertown Ins.South Dakota Supreme Court · 1894
3Cited by2 opinions
- Schmidt v. McKenzieSupreme Court of Minnesota · 1943
- Lathrop v. SchutteSupreme Court of Minnesota · 1895