Chickering v. Lord
Supreme Court of New Hampshire
Debt, on the statute for double damages, for injuries committed, by the defendant’s dogs. Verdict for the plaintiff. July 11,1892, while the plaintiff was riding in a sulky drawn by a three-year-old colt, in the highway leading by the defendant’s house, the colt became frightened and unmanageable, and ran away, whereby he and the colt were injured and his sulky and harness damaged.
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Debt, on the statute for double damages, for injuries committed, by the defendant’s dogs. Verdict for the plaintiff. July 11,1892, while the plaintiff was riding in a sulky drawn by a three-year-old colt, in the highway leading by the defendant’s house, the colt became frightened and unmanageable, and ran away, whereby he and the colt were injured and his sulky and harness damaged. His evidence tended to show that the fright of the colt and the-consequent injuries were caused by the defendant’s,dogs’ barking at and biting the colt. The defendant introduced evidence tending to show that the…
1Opinion of the CourtCakpenteb, J.
“ The owner or keeper of a dog shall forfeit to any person injured by it double the amount of damage sustained by him, to be recovered in an action of debt.” P. S., c. 118, ■s. 10. In actions on the statute, no question of care or negligence on the part of the dog-owner is involved. The utmost vigilance to prevent his dog- from -doing an injury affords him no •defence. But he is not liable if the injured party by his negli gence provokes, or by ordinary care could prevent, the action of the dog. Quimby v. Woodbury, 63 N. H. 370. There was here no evidence on which it could be found that the…
2Cases cited3 opinions
- Nashua Iron & Steel Co. v. Worcester & Nashua RailroadSupreme Court of New Hampshire · 1882
- Quimby v. WoodburySupreme Court of New Hampshire · 1885
- Norris v. HaverhillSupreme Court of New Hampshire · 1888
3Cited by3 opinions
- State v. Shevlin-Carpenter Co.Supreme Court of Minnesota · 1906
- Gagnon v. FrankSupreme Court of New Hampshire · 1927
- Jenkinson v. CogginsMichigan Supreme Court · 1900