Cui v. Chief, Barrington Police Department

MEMORANDUM OPINION

DALIANIS, J.

The defendant, the Chief of the Barrington Police Department, appeals an order of the Rochester District Court (DiMeo, J.) finding the Town of Barrington (Town) liable to the plaintiff, Dan Cui, pursuant to the Dog Control Law, RSA 466:30-a (Supp. 2006). Because the statute neither expressly nor impliedly imposes liability upon the Town, and no common law duty is otherwise implicated under these particular circumstances, we hold that the district court’s order was erroneous as a matter of law and reverse.

The plaintiff filed a small claims action seeking $1,452.00…