Clay v. Derrivan

This is an action pursuant to G.L.c. 140, §159 to recover damages for personal injuries caused by the defendants’ dog. After trial, the judge found for the plaintiff and assessed statutory treble damages in the amount of $22,500.00. Following the entry of judgment for the plaintiff, the defendants filed this Dist/Mun. Cts. R.A.D.A, Rule 8C, appeal.

The very limited record before us indicates the following: The parties lived on adjoining properties in Newburyport, Massachusetts. Defendants Brian and Gail Derrivan owned two German Shepherd dogs, and plaintiff Marion Clay owned one. On July…