Legal Opinion

Wallace v. Waterhouse

Supreme Court of Connecticut

Decided March 11, 1913PublishedCited by 7 opinions

Action to recover damages for negligently running an automobile over and killing a registered dog, brought by appeal from a judgment of a justice of the peace to the Court of Common Pleas in New Haven County, where the plaintiffs were nonsuited in a trial to the jury before Wolfe, J., from which judgment they appealed.

1Per curiam

Upon the conclusion of the plaintiffs’ testimony in chief, the defendant moved for a nonsuit upon two grounds, to wit: (1) that there could be no recovery in this State for the negligent killing of a dog; and (2) that testimony upon which to base a finding of negligence on the part of the defendant, as a proximate cause of the injury to the dog, had not been produced. The court granted the motion upon the latter ground only, and later denied the plaintiffs’ motion to set the nonsuit aside.

The plaintiffs offered evidence tending to show that the defendant, while operating an automobile in the…

2Cases cited1 opinion

  1. Morse v. Consolidated Railway Co.Supreme Court of Connecticut · 1908

3Cited by7 opinions

  1. Winn v. PosadesSupreme Court of Connecticut · 2007
  2. Burton v. City of StamfordConnecticut Appellate Court · 2009
  3. Hines v. DavisConnecticut Appellate Court · 1999
  4. Jones v. . CraddockSupreme Court of North Carolina · 1936
  5. Winn v. PosadesConnecticut Appellate Court · 2005

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