Trixie V. S. Clover Case Summary

1405 Words 6 Pages
Ms. Clover will probably not be able to prove the Ms. Austin is the owner or keeper of the dog. Ms. Clover must prove that Ms. Austin was the keeper of the dog Trixie at the time of the bite. Mass. Gen. Laws Ann. ch. 140, § 155 (West). Keeper is defined by statute as a person or corporation other than the owner who harbors or has in their possession any dog. Mass. Gen. Laws Ann. ch. 140, § 155 (West). M.G.L.A. c. 140, § 155 creates a strict liability statute, which imposes liability onto the owner or keeper of a dog without requiring misfeasance or nonfeasance on their part. Audette v. Commonwealth, 829 N.E.2d 248, 255 (Mass. 2005). For the purposes of imposing liability under M.G.L.A. c. 140, § 155, the keeper of a dog is one who harbors with …show more content…
Austin 's case, Ms. Austin 's relationship with Trixie would not rise to the level of keepership set out in the statute. While Ms. Austin would often make sure Trixie had food and water, with the knowledge of she owner Ms. Mercer, and had treats and food for Trixie at her own home that does not itself establish her as the owner of the dog Trixie. Boylan v. Everett, 52 N.E. 541, 542 (Mass. 1899). While the attack occurred on Ms. Austin 's property, simply having Trixie on her property when the damage took place does not in itself make Ms. Austin the keeper. O 'Donnell v. Pollock, 49 N.E. 745 (Mass. 1898). Ms. Austin was walking the dog Trixie around the party to other guests, while she was holding onto the leash and leading the dog, taking a dog for a walk, even with the owner 's knowledge does not establish keepership of the dog. Siira v. Shields, 277 N.E.2d 825 (Mass. 1972). At no point during the party did Ms. Austin assume acknowledged custody over the dog, because handing the leash to Ms. Austin did not establish a clear objective in which Ms. Mercer surrendered custody. Salisbury v. Ferioli, 730 N.E.2d 373, 376 (Mass. 2000). Ms. Clover will probably not be able to prove that Ms. Austin is the keeper of

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