GAGNON v. MARTIN

No. 7428.

116 N.H. 336 (1976)

MADELINE GAGNON, BY HER FATHER AND NEXT FRIEND, LEO GAGNON & a. v. CHARLES MARTIN.

Supreme Court of New Hampshire.

May 29, 1976.


Attorney(s) appearing for the Case

Emile R. Bussiere and Kenneth R. McHugh (Mr. McHugh by brief and orally) for the plaintiffs.

Wiggin & Nourie and William S. Orcutt (Mr. Orcutt by brief and orally) for the defendant.


GRIMES, J.

The issue presented by this transfer is whether one injured by a dog can recover under RSA 466:19 against both the "owner" and "keeper" of the animal.

The facts are not in dispute. On March 7, 1973, the plaintiff, Madeline Gagnon, a six-year-old child, was bitten by a dog owned by Edward and Phyllis Lower of Goffstown, New Hampshire. A civil action was commenced against the Lowers as owners of the dog. On July 15, 1974, the Hillsborough County Superior...

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