Login v. Waisman

1. The plaintiff contends that even if he occupied the status of a trespasser at the time of the accident he is entitled to go to the jury upon the admitted evidence, under the rule laid down in Marble v. Ross, 124 Mass. 44, that “the law holds the keeper of an animal known to be dangerous, which injures another, to the same degree of responsibility as in cases of wanton injury.” The law is otherwise in this jurisdiction. The plaintiff must prove “either that the intention was unlawful, or that the defendant was in fault.” Brown v. Collins, 53 N. H. 442, 451. In order to make out a case for…