Marble v. Ross
Massachusetts Supreme Judicial Court
Tort for personal injuries received by O. L. Marble, the plaintiffs’ intestate, from a castrated bull or stag owned by the defendant.
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Tort for personal injuries received by O. L. Marble, the plaintiffs’ intestate, from a castrated bull or stag owned by the defendant. Trial in the - Superior Court, before Allen, J., who allowed a bill of exceptions in substance as follows: There was evidence tending to show that the plaintiffs’ intestate received the injuries complained of in the defendant’s pasture, where he was at the time a trespasser; and that,’at the time he went there, he knew that the stag was there, and understood that it was vicious. It was not contended that the defendant placed his stag in the pasture with any…
1Opinion of the CourtMortor, J.
The law imposes a stringent responsibility upon a man who knowingly keeps a vicious and dangerous animal. He is liable to any person who, without contributory negligence on his part, is injured by such animal, and he cannot exonerate himself by showing that he used care in keeping and restraining the animal. He takes the risk of being able to keep him safely, so that he shall not injure others. The owner’s negligence is in keeping the animal, knowing that it is dangerous. May v. Burdett, 9 Q. B. 101. Popplewell v. Pierce, 10 Cush. 509. Card v. Case, 5 C. B. 622. But, in actions for such in*48juri…
2Cases cited4 opinions
- Steele v. BurkhardtMassachusetts Supreme Judicial Court · 1870
- Lyons v. MerrickMassachusetts Supreme Judicial Court · 1870
- Meibus v. DodgeWisconsin Supreme Court · 1875
- Hooker v. MillerSupreme Court of Iowa · 1873
3Cited by40 opinions
- Sponatski's CaseMassachusetts Supreme Judicial Court · 1915
- Newcomb v. Boston Protective DepartmentMassachusetts Supreme Judicial Court · 1888
- Dudley v. Northampton Street Railway Co.Massachusetts Supreme Judicial Court · 1909
- Black v. New York, New Haven, & Hartford Railroad Co.Massachusetts Supreme Judicial Court · 1907
- Daniels v. New York & New England RailroadMassachusetts Supreme Judicial Court · 1891
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