Legault v. Malacker
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Marinette county: W. B. Quinlan, Circuit Judge. A general demurrer to the complaint was overruled hy this court upon a former appeal in the present action. 156 Wis. 507, 145 N. W. 1081. After the return of the case to the circuit court it was brought to trial before a jury.
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Appeal from a judgment of the circuit court for Marinette county: W. B. Quinlan, Circuit Judge. A general demurrer to the complaint was overruled hy this court upon a former appeal in the present action. 156 Wis. 507, 145 N. W. 1081. After the return of the case to the circuit court it was brought to trial before a jury. The plaintiff’s proof tended to show that he was the father of Gregory Legault, a boy nine years of age, who was bitten by a dog kept by the defendant, and thereafter died. Proof was also made of medical and funeral'charges. A motion for nonsuit was made on two grounds: (1)…
1DissentMaeshall, J.
I dissent from the opinion of the court that the statutory liability of the owner of a dog *63for injuries by it to persons or property does not apply to mad dogs. Tbe statute abrogates tbe common-law rule and does not make any exception. It was competent to make tbe law cover all cases and, if its language is given full effect, it does so.
In my opinion, tbe court should not judicially amend tbe statute. Tbe better way is to take a law, wben constitutional' and plain, just as it is given and let tbe legislature bave tbe responsibility for tbe result. I tbinlc that is tbe logic of Legault v.…
2Cases cited6 opinions
- Blair v. ForehandMassachusetts Supreme Judicial Court · 1868
- Woolf v. ChalkerSupreme Court of Connecticut · 1862
- Elliott v. HerzMichigan Supreme Court · 1874
- Jenkinson v. CogginsMichigan Supreme Court · 1900
- Legault v. MalackerWisconsin Supreme Court · 1914
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