Connell v. Putnam
Supreme Court of New Hampshire
Case, for wrongfully and injuriously keeping a vicious liorse, which attacked and injured the son and servant of the plaintiff. The evidence was, that the horse was at large, feeding upon the grass between the travelled road and the sidewalk, and kicked the boy, and fractured his thigh bone, while he was passing on the sidewalk, not meddling with the liorse. There was no evidence that the horse was vicious. The defendant moved for a nonsuit.
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Case, for wrongfully and injuriously keeping a vicious liorse, which attacked and injured the son and servant of the plaintiff. The evidence was, that the horse was at large, feeding upon the grass between the travelled road and the sidewalk, and kicked the boy, and fractured his thigh bone, while he was passing on the sidewalk, not meddling with the liorse. There was no evidence that the horse was vicious. The defendant moved for a nonsuit. The plaintiff moved to amend his declaration, by adding a new count for negligently permitting the horse to run at large without a keeper, whereby the…
1Opinion of the CourtAllen, J.
The amendment does not change the form nor destroy the identity of the cause of action. The original count involved negligence. A wrongful keeping of a vicious animal is a negligent keeping. Keeping it with that degree of care which would exclude legal liability, would not be wrongful; and that want of care which would make the keeping injurious to another, would bo negligence as well as a wrong. The original count charged negligence in keeping a vicious horse. The amended count made negligence, in permitting a horse to go at largo without a keeper, the gist of the action. Both counts set up…
2Cases cited3 opinions
- Cahill v. TerrioSupreme Court of New Hampshire · 1875
- Burnham v. PlantSupreme Court of New Hampshire · 1876
- Gilman v. CateSupreme Court of New Hampshire · 1875
3Cited by2 opinions
- Smith v. StilphenDistrict Court, D. New Hampshire · 2004
- Smith v. StilphenDistrict Court, D. New Hampshire · 2004