Inhabitants of the County of Worcester v. Ashworth
Massachusetts Supreme Judicial Court
Tort, against Samuel J. Ashworth and Esther E. Ashworth, in two counts, under the Pub. Sts. c. 102, § 106, as qualified by St. 1889, c. 454, to recover of the defendants, as the keepers of certain dogs alleged to have been engaged in doing damage to sheep belonging to Darling Brothers on June 12 and 26,1891, the sums of $58 and $35, respectively, which sums had, before the bringing of the action, been ordered to be paid as damages to Darling Brothers by the county…
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Tort, against Samuel J. Ashworth and Esther E. Ashworth, in two counts, under the Pub. Sts. c. 102, § 106, as qualified by St. 1889, c. 454, to recover of the defendants, as the keepers of certain dogs alleged to have been engaged in doing damage to sheep belonging to Darling Brothers on June 12 and 26,1891, the sums of $58 and $35, respectively, which sums had, before the bringing of the action, been ordered to be paid as damages to Darling Brothers by the county commissioners of the county of Worcester. At the trial in the Superior Court, before Dewey, J., without a jury, it was admitted by…
1Opinion of the CourtKnowlton, J.
In Pub. Sts. c. 102, § 106, is the following language: “Every owner or keeper of a dog engaged in doing damage to sheep, lambs, or other domestic animals, shall be liable in an action of tort to the county for all damages so done which the county commissioners thereof have ordered to be paid, as provided in this chapter.”
The first question in the case is whether, under this section, an owner of a dog engaged in doing damage is liable for all the damages in the doing of which the dog is engaged, or only for that part done by his own dog. The natural construction of the language is that “ all…
2Cases cited2 opinions
- Town of Wilton v. WestonSupreme Court of Connecticut · 1880
- Rowe v. BirdSupreme Court of Vermont · 1876
3Cited by7 opinions
- Corey v. HavenerMassachusetts Supreme Judicial Court · 1902
- Miller v. ProughMissouri Court of Appeals · 1920
- Nelson v. NugentWisconsin Supreme Court · 1900
- Nohre v. WrightSupreme Court of Minnesota · 1906
- Southwick Birds & Animals, Inc. v. County CommissionersMassachusetts Supreme Judicial Court · 1971
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