BURGOYNE v. OWEN


1991 Mass. App. Div. 192 (1991)

Joseph R. Burgoyne vs. John Owen, and another

Massachusetts Appellate Division, Southern District.

November 22, 1991.


Attorney(s) appearing for the Case

Thomas C. Kenny for the plaintiff.

Kevin Hensley for the defendants.

Present: Dolan, P.J., Kane & Martin, JJ.


Kane, J.

A plaintiff's judgment entered in this case, an action under G.L.c. 140, § 155, the so-called dog bite statute, which requires a plaintiff to prove that at the time of the biting he was not annoying, tormenting, or abusing the dog.2 In this appeal, defendants argue that the judge erred in finding that plaintiff's striking of the dog while terminating a dogfight did not amount to abusing the dog.

Teasing, tormenting...

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