Broderick v. Higginson
Massachusetts Supreme Judicial Court
Two actions OE tort, to recover, under Pub. Sts. c. 102, § 93, double damages for injuries occasioned by a dog. At the trial in the Superior Court, before Hopkins, J., the defendant was charged as keeper of the dog, and the plaintiffs contended that the injury occurred because the dog rushed into the highway, frightened their horse, and caused both the plaintiffs, who were husband and wife, and who were riding together, to be thrown from their carriage.
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Two actions OE tort, to recover, under Pub. Sts. c. 102, § 93, double damages for injuries occasioned by a dog. At the trial in the Superior Court, before Hopkins, J., the defendant was charged as keeper of the dog, and the plaintiffs contended that the injury occurred because the dog rushed into the highway, frightened their horse, and caused both the plaintiffs, who were husband and wife, and who were riding together, to be thrown from their carriage. The plaintiffs offered evidence tending to show that the dog had made other attacks upon other teams passing, in a like manner, and stated…
1Opinion of the CourtKnowlton, J.
A question common to both of these cases is, whether it is competent to prove that a dog has a habit of attacking passing teams, in support of a disputed allegation that he attacked a passing team on a particular occasion.
It is a familiar fact that animals are more likely to act in a certain way at a particular time, if the action is in accordance with their established habit or usual conduct, than if it is not. There is a probability that an animal wiU act as he is accustomed to act under like circumstances. For this reason, when disputes have arisen' in regard to the conduct of an animal,…
2Cases cited4 opinions
- Bemis v. TempleMassachusetts Supreme Judicial Court · 1894
- Shea v. Glendale Elastic Fabrics Co.Massachusetts Supreme Judicial Court · 1894
- Maggi v. CuttsMassachusetts Supreme Judicial Court · 1878
- Lynch v. MooreMassachusetts Supreme Judicial Court · 1891
3Cited by13 opinions
- Sink Ex Rel. Pullen v. MooreSupreme Court of North Carolina · 1966
- Palmer v. CoyleMassachusetts Supreme Judicial Court · 1905
- Guidara & Terenzio Inc. v. R. Guastavino Co.Massachusetts Supreme Judicial Court · 1934
- Johnstone v. TuttleMassachusetts Supreme Judicial Court · 1907
- Scanlon v. CavanaughMassachusetts Supreme Judicial Court · 1911
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