Whittemore v. Thomas
Massachusetts Supreme Judicial Court
Tort, to recover damages for injuries resulting from the bite of a dog. Trial in the Superior Court, before Thompson, J., who reported the case for the determination of this court. The following facts appeared in evidence, or were admitted. The dog in question was the property of one Rogers, who had been in the employ of the defendant for a number of years and lived with him dpon his farm.
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Tort, to recover damages for injuries resulting from the bite of a dog. Trial in the Superior Court, before Thompson, J., who reported the case for the determination of this court. The following facts appeared in evidence, or were admitted. The dog in question was the property of one Rogers, who had been in the employ of the defendant for a number of years and lived with him dpon his farm. In 1882 Rogers bought the dog and brought it to the farm, and, without any permission from the defendant other than simple acquiescence, continued to keep the dog upon the farm until 1889, when it bit the…
1Opinion of the CourtMorton, J.
This was an action brought against the defendant, as keeper of a dog, to recover for injuries sustained by the plaintiff from its bite. The court below ruled, as matter of law, upon the whole evidence, against the defendant’s objection and exception, that the defendant was the keeper of the dog, and the only question submitted to the jury was that of damages. The case comes here on a report of all the material evidence bearing on the question of keepership, and the report concludes with the reservation that, if the ruling was right, judgment is to be entered on the verdict for the plaintiff;…
2Cases cited3 opinions
- Auchmuty v. HamCourt for the Trial of Impeachments and Correction of Errors · 1845
- Collingill v. City of HaverhillMassachusetts Supreme Judicial Court · 1880
- McLaughlin v. KempMassachusetts Supreme Judicial Court · 1890
3Cited by12 opinions
- Boylan v. EverettMassachusetts Supreme Judicial Court · 1899
- Koetting v. ConroyWisconsin Supreme Court · 1937
- O'Donnell v. PollockMassachusetts Supreme Judicial Court · 1898
- Cruickshank v. Brockton Agricultural SocietyMassachusetts Supreme Judicial Court · 1927
- Hunt v. Hazen, Adm.Oregon Supreme Court · 1953
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