Citation Numbers: 360 Mass. 874
Filed Date: 1/6/1972
Status: Precedential
Modified Date: 6/25/2022
Mrs. Siira, a seventy-three year old housekeeper working for the defendant, obtained a verdict awarding her damages for injuries suffered by her while walking the defendant’s forty-five pound French poodle, Beau, during the defendant’s absence in Florida. The evidence did not require the judge to direct a verdict for the defendant. It could be found (a) that the defendant knew that Mrs. Siira took Beau on walks, (b) that she, as an employee of the defendant, fed Beau when the defendant was absent, and (c) that Beau, while on a walk with her, became excited, when other dogs approached, and knocked Mrs. Siira down, injuring her seriously. It was a question of fact for the jury whether Mrs. Siira was Beau’s “keeper” within the meaning of G. L. c. 140, § 155 (as appearing in St. 1934, c. 320, § 18; see later amendment by St. 1968, c. 281). See Boylan v. Everett, 172 Mass. 453, 457-458; Maillet v. Mininno, 266 Mass. 86, 89. See asp Baker v. Raikiewicz, 275 Mass. 174, 179; Leone v. Falco, 292 Mass. 299, 300-305. Since she could be found not to be the “keeper,” there is now no occasion in view of the verdict to consider
Exceptions overruled.