McAdams v. Starr
| Decision Date | 23 July 1901 |
| Citation | 74 Conn. 85,49 A. 897 |
| Parties | McADAMS v. STARR. |
| Court | Connecticut Supreme Court |
Appeal from court of common pleas, Fairfield county; Howard J. Curtis, Judge.
Action by James McAdams against William H. Starr. Judgment for plaintiff, and defendant appeals. Affirmed.
Aaron T. Bates and Howard W. Taylor, for appellant.
Charles W. Murphy, for appellee.
The plaintiff is a lad less than 10 years old. He brought this action by his next friend to recover damages for the bite of a dog. The case was tried upon an issue joined to the jury. The plaintiff had a verdict. The defendant has appealed. It is substantially settled by the record that the plaintiff was by such biting severely injured. There really is but one question for this court: Was the defendant liable for the acts of this dog? And this depends upon the question whether or not the defendant was the owner of the dog, within the meaning of section 3701 of the General Statutes of 1888, so that judgment could be rendered against him personally. The judge instructed the jury that he was. If this is correct, then there is no error.
The dog had been owned by Jarvis Selleck, late of Ridgefield. Selleck died on the 20th day of February, 1900, intestate. He had owned the dog for three years. At the time of his death, and prior thereto, Selleck had owned and occupied a large farm in the said town, on which there were many creatures, cattle and other, and among them this dog. Selleck left two sons, Darius and Isaac H. They, after the death of their father, made an arrangement in the nature of a lease of said farm, and all the creatures thereon, with one Sturgis Selleck. It was a part of this arrangement that the dog should remain on the farm. The defendant was appointed administrator on the estate of Jarvis Selleck on the 6th day of March, 1900. He ratified and approved the lease of the farm, with the creatures thereon, which the sons had made with Sturgis Selleck. The tenant, Sturgis Selleck, caused the dog to be registered. The defendant approved that act, and paid the registration fee. The dog injured the plaintiff on the 23d day of October, 1900. It is said in 1 Swift, Dig. side page 414, that, on the death of any one, all his personal property vests immediately in the executor, and on side page 457 that, when an administrator is appointed, his power and duty are precisely the same as that of an executor. This is indisputably the law, and it can make no difference whether...
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Blodgett v. Bridgeport City Trust Co.
... ... accrues to the beneficiary upon the death of the decedent is ... purely equitable. Greene v. King, 104 Conn. 97, 102, ... 132 A. 411; McAdams v. Starr, 74 Conn. 85, 49 A ... 897, 92 Am.St.Rep. 197; Johnes v. Jackson, 67 Conn ... 81, 34 A. 709; Marcy v. Marey, 32 Conn. 308; ... ...
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Gager v. Gager & Peterson, LLP
...are chosen directly by the testator," whereas administrators are appointed by the court. (Emphasis added.) See McAdams v. Starr, 74 Conn. 85, 86-87, 49 A. 897 (1901); G. Wilhelm, Settlement of Estates in Connecticut (2d Ed. 2000) § 2:68, p. 2-36; see also General Statutes §§ 45a-233 (a) (1)......
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Simmons v. Welch, 48 Conn. Sup. 564 (CT 7/22/2003)
...the dog belongs, in the sense that he has title to it and may lawfully have and hold it as his own personal property. McAdams v. Starr, 74 Conn. 85, 86-87, 49 A. 897 (1901). Here, defendant Welch can qualify as a "keeper" of the Flints' dog if he "harbored" or "possessed" it because the pla......
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Simmons v. Welch
...the dog belongs, in the sense that he has title to it and may lawfully have and hold it as his own personal property. McAdams v. Starr, 74 Conn. 85, 86-87, 49 A. 897 (1901). Here, defendant Welch can qualify as a "keeper" of the Flints' dog if he "harbored" or "possessed" it because the pla......