Collingill v. City of Haverhill
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 á dog. The case was submitted to the Superior Court, and, after judgment for the ’defendant, to this court, on appeal, on an agreed statement of facts in substance as follows : The plaintiff, in pursuit of legitimate business, went to the poor-farm owned and used by the defendant, and was there bitten by a dog, which was owned by and licensed in the name of John W.…
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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 á dog. The case was submitted to the Superior Court, and, after judgment for the ’defendant, to this court, on appeal, on an agreed statement of facts in substance as follows : The plaintiff, in pursuit of legitimate business, went to the poor-farm owned and used by the defendant, and was there bitten by a dog, which was owned by and licensed in the name of John W. Virgin, the superintendent of that farm. The dog was kept at the farm and in the apartments of the superintendent, with…
1Opinion of the CourtLord, J.
It has been so often held in this Commonwealth that the officers of a town in the exercise of their official duty *219are not the agents of the town, that we must seek for the liability of this defendant on some other ground than by the conduct of its officers in the discharge of their official duty. The plaintiff, aware of this, seeks to charge the city upon the ground that the dog by which he was bitten was kept upon its premises, by its servant, in the course of his employment, and so to bring the case within the decision of Barrett v. Malden & Melrose Railroad, 3 Allen, 101.
The question in…
2Cited by9 opinions
- Boylan v. EverettMassachusetts Supreme Judicial Court · 1899
- Whittemore v. ThomasMassachusetts Supreme Judicial Court · 1891
- Anderson v. MiddlebrookMassachusetts Supreme Judicial Court · 1909
- Salisbury v. FerioliMassachusetts Appeals Court · 2000
- Abraham v. IbsenAppellate Court of Illinois · 1919
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