Smith v. Hallahan
Supreme Court of New Hampshire
Tout, to recover damages for the bite of a dog. The declaration is as follows: “In a plea of tort,for that the said defendant, at said Gilmanton, on or about the 11th day of July, 1908, was the owner or keeper of a certain dog, and he, the plaintiff, at said Gilman ton, on or about the said 11th of July, 1908, while not engaged in the commission of a trespass or other tort, was attacked by said dog and badly bitten, ... all of which is to the damage of the plaintiff as he…
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Tout, to recover damages for the bite of a dog. The declaration is as follows: “In a plea of tort,for that the said defendant, at said Gilmanton, on or about the 11th day of July, 1908, was the owner or keeper of a certain dog, and he, the plaintiff, at said Gilman ton, on or about the said 11th of July, 1908, while not engaged in the commission of a trespass or other tort, was attacked by said dog and badly bitten, ... all of which is to the damage of the plaintiff as he says in the sum of one thousand dollars.” The defendant appeared generally, pleaded the general issue, and subsequently…
1Opinion of the CourtPeaslee, J.
The defendant advances three grounds for her motion in arrest of judgment. The first claim is that the declaration is fatally defective in that it does not allege the plaintiff’s freedom from contributory negligence. Such allegation is not needed. Smith v. Railroad, 35 N. H. 356; Corey v. Bath, 35 N. H. 530, 548. There is nothing peculiar about the doctrine of contributory negligence as applied in cases under this statute. It is the ordinary rule “ that the party injured is not entitled to recover if his own negligence contributed to the injury.” Quimby v. Woodbury, 63 N. H. 370, 374. The…
2Cases cited3 opinions
- Wheeler v. Grand Trunk Railway Co.Supreme Court of New Hampshire · 1900
- Quimby v. WoodburySupreme Court of New Hampshire · 1885
- Jaquith v. BenoitSupreme Court of New Hampshire · 1899
3Cited by3 opinions
- Gilman v. County of CheshireSupreme Court of New Hampshire · 1985
- Gagnon v. FrankSupreme Court of New Hampshire · 1927
- Raymond v. BujoldSupreme Court of New Hampshire · 1938