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Rossi v. DelDuca

Supreme Judicial Court of Massachusetts
181 N.E.2d 591 (1962)


Facts

Patricia Rossi (plaintiff), an eight-year-old girl, was being chased by a German Weimaraner dog. In an attempt to escape the dog and return home, Rossi cut across a field owned by Ernest DelDuca (defendant). While on DelDuca’s property, Rossi was attacked and seriously injured by two Great Dane dogs owned by DelDuca. Rossi brought a suit to recover for her injuries under Massachusetts General Law (G.L.) ch. 140 § 155, which holds a dog owner liable for damages inflicted by the dog unless the victim was a trespasser at the time of the dog’s attack. The jury returned a verdict for Rossi. DelDuca made an exception to the denial of his motion for a directed verdict, arguing that Rossi was a trespasser at the time she was attacked by DelDuca’s dogs.

Rule of Law

Issue

Holding and Reasoning (Spalding, J.)

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