Legal Opinion

Galvin v. Parker

Massachusetts Supreme Judicial Court

Decided September 3, 1891PublishedCited by 15 opinions

Tort, to recover damages for injuries resulting from the bite of a dog. Trial in the Superior Court, without a jury, before Bishop, J., who refused to rulé that the plaintiff, having obtained judgment against the owner of the dog for the same injuries, was precluded thereby from recovering against the defendant as keeper, and found for the plaintiff; and the defendant alleged exceptions. The facts appear in the opinion.

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Tort, to recover damages for injuries resulting from the bite of a dog. Trial in the Superior Court, without a jury, before Bishop, J., who refused to rulé that the plaintiff, having obtained judgment against the owner of the dog for the same injuries, was precluded thereby from recovering against the defendant as keeper, and found for the plaintiff; and the defendant alleged exceptions. The facts appear in the opinion. The case was argued at the bar in March, 1891, and after-wards was submitted on the briefs to all the judges.

1Opinion of the CourtMorton, J.

This is an action brought under the Pub. Sts. c. 102, § 93, for injuries received from a dog. The plaintiff contends that the owner and keeper are jointly or severally liable, and that having sued the owner and obtained a judgment which is still unsatisfied by reason of the defendant in that action having taken the poor debtor’s oath, he can, under Elliott v. Hayden, 104 Mass. 180, sue the defendant as keeper, and, if he obtains judgment, collect it. The provision of the statute is, that “ every owner or keeper of a dog shall forfeit to any person injured by it double the amount of the damage…

2Cases cited1 opinion

  1. Elliott v. HaydenMassachusetts Supreme Judicial Court · 1870

3Cited by15 opinions

  1. Opinion of the Justices to the Senate & the House of RepresentativesMassachusetts Supreme Judicial Court · 1925
  2. Gaynor's CaseMassachusetts Supreme Judicial Court · 1914
  3. Marble v. Treasurer & Receiver GeneralMassachusetts Supreme Judicial Court · 1923
  4. Corey v. HavenerMassachusetts Supreme Judicial Court · 1902
  5. Gallagher v. WheelerMassachusetts Supreme Judicial Court · 1935

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