The Northeastern Reporter (Volume 15) (Paperback)

This historic book may have numerous typos, missing text or index. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1888. Not illustrated. Excerpt: ... Danforth. J., (after stating the facts as above.) That the plaintiff was very seriously injured by the unprovoked and persistent attack of the dog is not denied. Indeed, no evidence was given, upon the trial, showing or tending to show the slightest foundation for the affirmative defense set up in the answer. It is alleged, however, by the defendant that the evidence failed to show either (1) that the dog was owned or harbored by the defendant, or (2) that the dog was vicious, --accustomed to bite, --or (3) that the defendant had knowledge of such propensities. The last objection was not madf at the trial, but, upon all points, we find quite enough evidence in the record to support the conclusion of the court below. The dog Whs a cross between a mastiff and a bloodhound, or a Newfoundland, in color dark brown or between black and brown, of an unusually large size, solid and heavy, having a short, thick neck, and was in fact very ferocious. He came upon the plaintiff's premises in the evening, attacked and bit certain pigs which were gathered there, and only desisted from doing so when, seeing the plaintiff, he turned upon him, "went for his throat," which the plaintiff protected by his arms, and in spite of resistance the dog threw hi in upon the ground, bit him "seven times on one arm and five on the other," and kept his hold in spite of the plaintiff's struggles and every effort on the part of neighbors, who, hearing the plaintiff's cries, had come to his assistance, until one, having a gun, shot the dog dead as he was making again for the plaintiff's throat. He had before bit the defendant's coachman, one Robinson, and his wife. After he was killed his body was thrown into the street, and was there seen and identified as a dog belonging to the defendant. One wi...