Aframovitz v. Molliver

This is an action of tort in which the plaintiff' seeks to recover damages for personal injuries alleged to have been sustained as the result of having been bitten by a dog owned and kept by the defendant.

In such an action by the provisions of the acts of 1934, chapter 320, section 18 (amending G. L. (Ter. Ed.) chapter 140, sec. 155) the burden is thrown upon the plaintiff to prove that at the time the injury was sustained he was not committing a trespass or other tort or was not teasing, tormenting or abusing the dog. On these issues the plaintiff is not aided by G. L. (Ter. Ed.) chapter…