Corliss v. Smith
Supreme Court of Vermont
This case was tried at the September Term, 1880, Royce, J., presiding. Action on the case ; plea, the general issue, and trial by jury.
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This case was tried at the September Term, 1880, Royce, J., presiding. Action on the case ; plea, the general issue, and trial by jury. The plaintiff introduced testimony tending to show that a large dog kept on a farm in St. Albans, owned by the defendant, had the vicious habit of running out furiously at teams as they were passing the defendant’s house on said farm, and at the same time barking at the teams so passing, and that the effect had been and was to frighten the teams so passing ; that while he was passing along the highway a mile from the dwelling-house of the defendant, said dog…
1Opinion of the Court
The opinion of the court was delivered by
Ross, J.
I. Knowledge of the agent in reference to the matters of his agency, is the knowledge of his principal. This is a general principle in law, and applies to the owner of a vicious animal which he has committed to the care, control and agency of another, as well as to other matters in which an agent is employed. Hence the testimony to show that Rixon, the general agent of the defendant in the management of the farm and property thereon, had knowledge of the vicious habits and propensities of the dog, supported the allegation in the declaration,…
2Cited by11 opinions
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- Clark v. BringsSupreme Court of Minnesota · 1969
- Gooding v. Chutes Co.California Supreme Court · 1909
- Indianapolis Abattoir Co. v. BaileyIndiana Supreme Court · 1913
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