Riley v. Harris
Massachusetts Supreme Judicial Court
Tort, under Pub. Sts. c. 102, § 93. At the trial in the Superior Court, before Hophins, J., the defendant requested the following rulings: 1. Upon the evidence the plaintiff cannot maintain her action. 2. If the plaintiff was injured while trespassing upon the defendant’s premises, and her trespass contributed to her injuries, she cannot recover. 3. If the plaintiff at the time she was injured was trespassing upon the defendant’s premises, she cannot maintain this action…
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Tort, under Pub. Sts. c. 102, § 93. At the trial in the Superior Court, before Hophins, J., the defendant requested the following rulings: 1. Upon the evidence the plaintiff cannot maintain her action. 2. If the plaintiff was injured while trespassing upon the defendant’s premises, and her trespass contributed to her injuries, she cannot recover. 3. If the plaintiff at the time she was injured was trespassing upon the defendant’s premises, she cannot maintain this action under Pub. Sts. c. 103, § 93, without proof that the defendant’s dog was vicious, or accustomed to bite mankind, or of some…
1Opinion of the CourtHolmes, C. J.
This is an action of tort brought under Pub. Sts. c. 102, § 93, to recover double the amount of damage sus*164tained by the plaintiff from a bite by the defendant’s dog. The injury was received upon the defendant’s land, and the defence is that the plaintiff was there in her own wrong, or, at least, at her own risk. The plaintiff was in service, in the neighborhood, it may be inferred, of the defendant. At the invitation of a friend who was a friend of the defendant’s servants the plaintiff went with her to call upon them. This may have been technically open to dispute but it was uncontradicted,…
2Cases cited6 opinions
- Woolf v. ChalkerSupreme Court of Connecticut · 1862
- Chenery v. Fitchburg RailroadMassachusetts Supreme Judicial Court · 1893
- Marble v. RossMassachusetts Supreme Judicial Court · 1878
- Hawks v. LockeMassachusetts Supreme Judicial Court · 1885
- Raymond v. HodgsonMassachusetts Supreme Judicial Court · 1894
1 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Commonwealth v. RichardsonMassachusetts Supreme Judicial Court · 1943
- Lajoie v. MillikenMassachusetts Supreme Judicial Court · 1922
- Koller v. DugganMassachusetts Supreme Judicial Court · 1963
- Canavan v. GeorgeMassachusetts Supreme Judicial Court · 1935
- Leone v. FalcoMassachusetts Supreme Judicial Court · 1935
7 more not listed; retrieve them via the Exa API.