Addario v. Maher, No. Cv93 04 51 77s (Jun. 10, 1994)

[EDITOR'S NOTE: This case is unpublished as indicated by the issuing court.]MEMORANDUM OF DECISION The defendant herein is accused of having shot and injured a dog, owned by the defendant, during a hunting episode. It is the defendant's contention that the dog acted in a menacing manner toward him and that he shot the dog as he appeared to attack him and that the shooting was in defense of such an attack.

The plaintiff alleges that when he saw the other hunter and the proximity of his dog to the hunter, he yelled to him that the dog would not bite. The defendant states that he heard the…