Marble v. Ross
Decision Date | 08 February 1878 |
Court | United States State Supreme Judicial Court of Massachusetts Supreme Court |
Parties | Joel Marble & another, administrators, v. Austin Ross |
Argued September 17, 1877 [Syllabus Material]
Hampshire. Tort for personal injuries received by C. L Marble, the plaintiffs' intestate, from a castrated bull or stag owned by the defendant. Trial in the Superior Court before Allen J., who allowed a bill of exceptions in substance as follows:
There was evidence tending to show that the plaintiffs' intestate received the injuries complained of in the defendant's pasture, where he was at the time a trespasser; and that, at the time he went there, he knew that the stag was there, and understood that it was vicious. It was not contended that the defendant placed his stag in the pasture with any purpose of keeping off trespassers, or of having the stag frighten or injure any one.
There was conflicting evidence as to whether the injury was caused by the stag, and whether or not the stag was vicious and accustomed to attack mankind, and known to be so by the defendant; and this evidence was submitted to the jury under proper instructions.
The defendant asked the judge to rule and instruct the jury as follows:
The judge declined to rule as requested, and instructed the jury as follows:
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