Brothers v. Lipp

Merrick, PJ.

This is a G.L.c. 140, §155 action to recover for personal injuries and property damage (injury to a dog) caused by a dog called “Pupling,” of which the defendants are the alleged owner and keeper. The dispositive issue raised on this Dist./Mun. Cts. R. A. D. A., Rule 8C, appeal by the defendants is not one common to a “dog bite” case, but is instead the question of whether the trial judge abused his discretion in ordering a judgment against the defendants and plaintiffs-in-counterclaim for deliberate misconduct at trial.

The underlying dispute is uncomplicated. Defendants William…