Le Forest v. Tolman
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 a dog. At the trial in the Superior Court, before Aldrich, J., it appeared that the plaintiff was bitten and injured by the defendant’s dog at Pelham, in the State of New Hampshire, where the plaintiff lived with his father and mother; that the defendant was a resident of Dracut, in this Commonwealth, and had a place of business in Lowell, and kept his dog at Dracut…
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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 a dog. At the trial in the Superior Court, before Aldrich, J., it appeared that the plaintiff was bitten and injured by the defendant’s dog at Pelham, in the State of New Hampshire, where the plaintiff lived with his father and mother; that the defendant was a resident of Dracut, in this Commonwealth, and had a place of business in Lowell, and kept his dog at Dracut and at his place of business in Lowell; that the day the injuries complained of were done, the defendant’s dog strayed…
1Opinion of the CourtGray, C. J.
In order to maintain an action of tort, founded upon an injury to person or property, and not upon a breach of contract, the act which is the cause of the injury and the foundation of the action must at least be actionable or punishable by the law of the place in which it is done, if not also by the law of the place in which redress is sought. Smith v. Condry, 1 How. 28; S. C. 17 Pet. 20. The China, 7 Wall. 53, 64. Blad’s case, 3 Swanst. 603. Blad v. Bamfield, Ib. 604. General Steam Navigation Co. v. Guillou, 11 M. & W. 877. Phillips v. Eyre, L. R. 4 Q. B. 225, 239, and L. R. 6 Q. B. 1. The…
2Cases cited6 opinions
- The ChinaSupreme Court of the United States · 1869
- Smith v. CondrySupreme Court of the United States · 1843
- Needham v. Grand Trunk Railway Co.Supreme Court of Vermont · 1865
- Richardson v. New York Central RailroadMassachusetts Supreme Judicial Court · 1867
- Mahler v. Norwich & New York Transportation Co.New York Court of Appeals · 1866
1 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- Alabama Great Southern Railroad v. CarrollSupreme Court of Alabama · 1892
- Hunter v. Derby Foods, Inc.Court of Appeals for the Second Circuit · 1940
- Burdict v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1894
- Burns v. Grand Rapids & Indiana RailroadIndiana Supreme Court · 1888
- Thompson Towing & Wrecking Ass'n v. McGregorCourt of Appeals for the Sixth Circuit · 1913
28 more not listed; retrieve them via the Exa API.