McIntire v. Leland
Massachusetts Supreme Judicial Court
Two actions of tort under K L. c. 102, § 146, the first action by a minor by his next friend against Edmund F. Leland and Eliza S. Leland, his wife, for injuries sustained by the plaintiff on July 24, 1914, when four years of age, by the bite of a dog alleged to have been owned or kept by the defendants or one of them, and the second action against the same defendants by the father of the plaintiff in the first case for expenses for medical attendance and nursing incurred by…
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Two actions of tort under K L. c. 102, § 146, the first action by a minor by his next friend against Edmund F. Leland and Eliza S. Leland, his wife, for injuries sustained by the plaintiff on July 24, 1914, when four years of age, by the bite of a dog alleged to have been owned or kept by the defendants or one of them, and the second action against the same defendants by the father of the plaintiff in the first case for expenses for medical attendance and nursing incurred by reason of his injuries. Writs dated April 28, 1915. The declaration in each action, as amended, contained four counts.…
1Opinion of the CourtPierce, J.
The principal question presented by the bill of exceptions is whether the jury was warranted in finding that the dog, which attacked and bit the minor plaintiff and severely injured him on July 24, 1914, was then kept jointly by the defendants, husband and wife. The defendants offered no evidence at the trial.
The dog had been given to an eleven year old son of the defendants in January or February, 1914, by a “social acquaintance” of the father, while the family were living at their home in Brook-line. It was kept at that home until taken to a farm in North Andover in February, 1914, where…
2Cases cited2 opinions
- Southworth v. EdmandsMassachusetts Supreme Judicial Court · 1890
- Anderson v. MiddlebrookMassachusetts Supreme Judicial Court · 1909
3Cited by4 opinions
- Posey Ex Rel. Posey v. KroghNorth Dakota Supreme Court · 1934
- Bottcher v. BuckMassachusetts Supreme Judicial Court · 1928
- Janus v. AkstinSupreme Court of New Hampshire · 1941
- Equi v. LicariMassachusetts District Court, Appellate Division · 1985