Morewood v. Wakefield
Massachusetts Supreme Judicial Court
Tort for the shooting by the defendant of the plaintiff’s dog. Trial in the Superior Court, without a jury, before Mason, J., who allowed a bill of exceptions, in substance as follows: The plaintiff’s dog was duly licensed, was not dangerous or mischievous, and was not guilty of any of the acts mentioned in the Gen. Sts. c. 88, § 60, but his head was so small and tapered from the neck so greatly that no collar would stay upon his neck.
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Tort for the shooting by the defendant of the plaintiff’s dog. Trial in the Superior Court, without a jury, before Mason, J., who allowed a bill of exceptions, in substance as follows: The plaintiff’s dog was duly licensed, was not dangerous or mischievous, and was not guilty of any of the acts mentioned in the Gen. Sts. c. 88, § 60, but his head was so small and tapered from the neck so greatly that no collar would stay upon his neck. On June 14, 1881, the dog, without any collar on, while passing the residence of the defendant, was attacked by a dog belonging to the father of the defendant…
1Opinion of the CourtC. Allen, J.
The question in the present case comes down to this: whether the provision in the St. of 1867, c. 130, § 7, that “ any person may, and every police officer and constable shall, kill or cause to be killed all such dogs, whenever or wherever found,” means all dogs not licensed and collared according to law, or all dogs which have been ordered to be killed by the warrant which is to be issued within ten days from the first day of July, for the killing of unlicensed and uncollared dogs. By earlier sections of the same statute, licenses for dogs may be obtained before the 30th day of April, as…
2Cases cited1 opinion
- Blair v. ForehandMassachusetts Supreme Judicial Court · 1868
3Cited by11 opinions
- Sentell v. New Orleans & Carrollton R. Co.Supreme Court of the United States · 1897
- Fox v. Mohawk & Hudson River Humane SocietyNew York Court of Appeals · 1901
- Jenkins v. BallantyneUtah Supreme Court · 1892
- Baer v. TylerMassachusetts Supreme Judicial Court · 1927
- Massachusetts Society for the Prevention of Cruelty to Animals v. Commissioner of Public HealthMassachusetts Supreme Judicial Court · 1959
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