MILLS v. KEELER


351 Mass. 502 (1967)

222 N.E.2d 749

WILLIAM F. MILLS vs. CHESTER H. KEELER & another.

Supreme Judicial Court of Massachusetts, Norfolk.

January 3, 1967.


Attorney(s) appearing for the Case

Robert D. O'Leary for the plaintiff.

Sanford Konstadt for the defendants.

Present: WILKINS, C.J., SPALDING, CUTTER, KIRK, & REARDON, JJ.


WILKINS, C.J.

This is an appeal by the plaintiff from an order of a judge of the Superior Court sustaining a demurrer to the declaration, which is in tort. There are two counts.

Count 1 alleges that since August, 1964, the defendant Chester H. Keeler has been "the owner and/or the keeper" of a dog at 1 Richard Road, Randolph; that during that period the dog was a nuisance by reason of excessive barking and other disturbances [sic]; that the dog was...

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