Kelley v. Killourey
Supreme Court of Connecticut
Action to recover damages for personal injuries resulting in the death of the plaintiff’s intestate and alleged to have been caused by the bite of a dog owned by the defendant, brought to the Superior Court in New London County and tried to the jury before George W. Wheeler, J.; verdict and judgment for the defendant, and appeal by the plaintiff.
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Action to recover damages for personal injuries resulting in the death of the plaintiff’s intestate and alleged to have been caused by the bite of a dog owned by the defendant, brought to the Superior Court in New London County and tried to the jury before George W. Wheeler, J.; verdict and judgment for the defendant, and appeal by the plaintiff. The answer contained the general denial, and a special defense alleging, in substance, that the intestate’s injuries were received in consequence of his treatment of the dog, in that he was, at the time, wrongfully, wilfully and persistently…
1Opinion of the CourtPrentice, J.
It was a conceded fact that the plaintiff’s intestate was bitten by a dog owned and kept by the defendant. Relying upon § 4487 of the General Statutes, the plaintiff requested the court to instruct the jury, in substance, that upon that state of facts alone, and altogether regardless of any conduct on the intestate’s part which was instrumental in his being bitten, the plaintiff was entitled to a verdict for the resulting damage; and also that the defendant could not avail himself of any defense of contributory negligence on the intestate’s part. The latter request was complied with; the…
2Cases cited9 opinions
- Church of the Holy Trinity v. United StatesSupreme Court of the United States · 1892
- Muller v. . McKessonNew York Court of Appeals · 1878
- Woolf v. ChalkerSupreme Court of Connecticut · 1862
- Plumley v. BirgeMassachusetts Supreme Judicial Court · 1878
- Town of Ryegate v. Town of WardsboroSupreme Court of Vermont · 1858
4 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Novella v. Hartford Accident & Indemnity Co.Supreme Court of Connecticut · 1972
- State v. NelsonSupreme Court of Connecticut · 1940
- Kron v. ThelenSupreme Court of Connecticut · 1979
- Castaldo v. D'ERAMOSupreme Court of Connecticut · 1953
- Busko v. DeFilippoSupreme Court of Connecticut · 1972
26 more not listed; retrieve them via the Exa API.