CARR v. CASE

No. 84-77.

380 A.2d 91 (1977)

Bernard J. CARR v. Warren CASE.

Supreme Court of Vermont.

Rehearing Denied November 29, 1977.


Attorney(s) appearing for the Case

Sullivan & McCaffrey, Rutland, for plaintiff.

Allan R. Keyes and John J. Zawistoski, of Ryan, Smith & Carbine, Ltd., Rutland, for defendant.

Before BARNEY, C. J., and DALEY, LARROW, BILLINGS and HILL, JJ.


HILL, Justice.

This case involves the proper theory of liability of a dog owner whose dog, known to its owner to be dangerous, bites another person while restrained. Plaintiff-appellant Bernard J. Carr was awarded judgment for $3,672.00 against defendant-appellee Warren Case following a jury trial. Appellant's subsequent motions for additur, amendment of judgment and a new trial were denied, and he appealed. The question of the sufficiency of the damages having been...

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