Woolf v. Chalker
Supreme Court of Connecticut
Trespass, for an injury done to the person of the plaintiff by a dog of the defendant, brought upon the statute (Rev. Stat., tit. 1, sec. 282,) "which provides, that “ whenever any dog shall do any damage, either to the body or property of any person, the owner or keeper, &c., shall pay such damage, to be recovered in an action of trespass.”
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Trespass, for an injury done to the person of the plaintiff by a dog of the defendant, brought upon the statute (Rev. Stat., tit. 1, sec. 282,) "which provides, that “ whenever any dog shall do any damage, either to the body or property of any person, the owner or keeper, &c., shall pay such damage, to be recovered in an action of trespass.” Upon the trial in the superior court, before Park, I, on the general issue closed to the court, the following facts were specially found by the court, and the finding ordered to be made a part of the record in the case. On the 14th of February, 1860, the…
1Opinion of the CourtButler, J.
The rule applicable to actions founded upon the negligence of the defendant, “ that if the negligence of the plaintiff essentially contributed to the injury he can not recover,” is too well settled to be questioned; but it is not applicable to this case. There is but one count in this declaration, and that is framed upon a statute, which enacts that “ whenever any dog shall do any damage, either to the body or property of any person, the owner, &c., shall pay such damage, to be recovered in an action of trespass.” This statute is clear and comprehensive in its terms; and if it is literally…
2Cases cited6 opinions
- Fish v. DodgeNew York Supreme Court · 1847
- Johnson v. PattersonSupreme Court of Connecticut · 1840
- Putnam v. PayneNew York Supreme Court · 1816
- Brown v. CarpenterSupreme Court of Vermont · 1854
- Maxwell v. PalmertonNew York Supreme Court · 1839
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3Cited by69 opinions
- Muller v. . McKessonNew York Court of Appeals · 1878
- St. Louis & San Francisco Railway Co. v. MathewsSupreme Court of the United States · 1897
- Doe v. BarnettIndiana Court of Appeals · 1969
- Blair v. ForehandMassachusetts Supreme Judicial Court · 1868
- Falby v. ZarembskiSupreme Court of Connecticut · 1992
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