Boylan v. Everett
Massachusetts Supreme Judicial Court
Tort, for injuries caused by the bite of a dog, which the plaintiff alleged was kept by the defendants. At the trial in the Superior Court, before Sherman, J., there was evidence tending to show that the injury occurred on July 17, 1897, as the plaintiff was walking along a public highway which passed the defendants’ residence in Medfield.
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Tort, for injuries caused by the bite of a dog, which the plaintiff alleged was kept by the defendants. At the trial in the Superior Court, before Sherman, J., there was evidence tending to show that the injury occurred on July 17, 1897, as the plaintiff was walking along a public highway which passed the defendants’ residence in Medfield. The defendants, aged persons, a widow and her unmarried sister in law, “kept the house,” furnished the provisions and all things for its support, and the premises were under their exclusive possession and control. Their nephew, William H. Everett, who was…
1Opinion of the CourtLathrop, J.
The bill of exceptions in this case does not state that it contains all of the evidence material to the issue involved, and the question whether the defendants were the keepers of the dog, within the Pub. Sts. c. 102, § 93, was a question of fact for the jury. Barrett v. Malden & Melrose Railroad, 3 Allen, 101. Collingill v. Haverhill, 128 Mass. 218. McLaughlin v. Kemp, 152 Mass. 7. Whittemore v. Thomas, 153 Mass. 347. O'Donnell v. Pollock, 170 Mass. 441. The first instruction requested was, therefore, rightly refused.
The first part of the second instruction requested was given in substance.…
2Cases cited4 opinions
- Whittemore v. ThomasMassachusetts Supreme Judicial Court · 1891
- O'Donnell v. PollockMassachusetts Supreme Judicial Court · 1898
- Collingill v. City of HaverhillMassachusetts Supreme Judicial Court · 1880
- McLaughlin v. KempMassachusetts Supreme Judicial Court · 1890
3Cited by16 opinions
- Commonwealth v. SheaMassachusetts Supreme Judicial Court · 1948
- Hagenau v. MillardWisconsin Supreme Court · 1924
- Maillet v. MininnoMassachusetts Supreme Judicial Court · 1929
- Brown v. BolducMassachusetts Appeals Court · 1990
- Shear v. RogoffMassachusetts Supreme Judicial Court · 1934
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