Russell v. Tomlinson
Supreme Court of Connecticut
THE declaration alleged, that the defendants, with force and arms, entered upon the land of the plaintiff, and with their dogs, by them owned and kept, chased, worried and killed, twenty-eight sheep, of the plaintiff, of the value of 500 dollars, contrary to the statute law, in such case made and provided.(a) The cau.se was tried at AFew-Haven, January term, 1817, before Trumbull, Ilosmer and Gould, Js.
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THE declaration alleged, that the defendants, with force and arms, entered upon the land of the plaintiff, and with their dogs, by them owned and kept, chased, worried and killed, twenty-eight sheep, of the plaintiff, of the value of 500 dollars, contrary to the statute law, in such case made and provided.(a) The cau.se was tried at AFew-Haven, January term, 1817, before Trumbull, Ilosmer and Gould, Js. On the trial, it appeared, that the trespass complained of, in the plainliff’s declaration, was committed by two dogs, at the same time, and jointly, but without the consent or knowledge of…
1Opinion of the Court
Swift, Ch. J.
Owners art: responsible lor the mischief done by their dogs ; but no man can be liable for the mischief done by the dog of another, unless he had some agency in causing the dog to do it. When the dogs of several persons do mischief together, each owner is only liable for the mischief done by his own dog ; and it would be repugnant to the plainest principles of justice, to say, that the dogs of different persons, by joining in doing mischief, could make their owners jointly liable. This would he giving them a power of agency, which no animal was ever supposed to possess. It is…
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- Gallagher v. Kemmerer, Pennsylvania Court of Common Pleas, Luzerne County1891
- Boston & Albany Railroad v. ShanlyMassachusetts Supreme Judicial Court · 1871
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