McLaughlin v. Kemp
Massachusetts Supreme Judicial Court
Two actions OE tort, against Arthur Kemp and his wife, Adelaide M. Kemp, to recover damages for injuries resulting from the bite of a dog. The first case was brought by the plaintiff, a minor, for personal injuries, and the second was brought by his father, for the loss of his services, and for the expense of caring for him while he was suffering from his injuries.
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Two actions OE tort, against Arthur Kemp and his wife, Adelaide M. Kemp, to recover damages for injuries resulting from the bite of a dog. The first case was brought by the plaintiff, a minor, for personal injuries, and the second was brought by his father, for the loss of his services, and for the expense of caring for him while he was suffering from his injuries. The cases were tried together in the Superior Court, before Barker, J., who allowed a bill of exceptions, in substance as follows. The husband was defaulted, and the wife alone defended. At the trial, it was admitted that certain…
1Opinion of the CourtField, J.
It was admitted that the husband was the owner of the dog which bit John E. McLaughlin. We infer from the exceptions that he was also owner of all the dogs. A wife is not necessarily, as matter of law, a keeper of dogs which her husband owns and keeps on premises which she owns, and which both occupy as husband and wife, although she carries on a separate business upon the premises.
It was a question of fact for the jury whether the wife was the keeper of the dogs, and the ruling that, “ if they were her husband’s dogs, and he kept them there against her consent and contrary to her consent,…
2Cited by9 opinions
- Boylan v. EverettMassachusetts Supreme Judicial Court · 1899
- Koetting v. ConroyWisconsin Supreme Court · 1937
- Whittemore v. ThomasMassachusetts Supreme Judicial Court · 1891
- Bottcher v. BuckMassachusetts Supreme Judicial Court · 1928
- Cruickshank v. Brockton Agricultural SocietyMassachusetts Supreme Judicial Court · 1927
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