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HENRY v. BROWN

495 A.2d 324 (1985)

Marion HENRY v. Raymond O. BROWN, Sr., et al.

Supreme Judicial Court of Maine.

Decided July 8, 1985.

Attorney(s) appearing for the Case

Berman, Simmons & Goldberg, P.A., Steven D. Silin (orally), Paul F. Macri, Gary Goldberg, Lewiston, Shortill & Shortill, John M. Shortill, Sanford, for plaintiff.

Hewes, Culley & Beals, George W. Beals, (orally), Alison A. Denham, Portland, for defendant.

Before McKUSICK, C.J., and NICHOLS, ROBERTS, VIOLETTE, WATHEN and GLASSMAN, JJ.

WATHEN, Justice.

This case presents two novel questions concerning an owner's liability for injuries caused by a dog. We are called upon to decide: (1) whether contact between the dog and the injured party is required for recovery under either the common law or the statutory cause of action, and (2) whether an independent claim of negligence may be asserted for the same injuries. Plaintiff Marion Henry appeals from an order of the Superior Court (York County)

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