Wright v. Brown

356 A.2d 176 (1975)

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Nature of the Case

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Facts

A dog owned by Brown (D) attacked and injured Wright (P). Less than fourteen days prior to P's injury, D's dog attacked another person and as required by law the dog was quarantined. The dog was released from quarantine before the mandatory 14-day period required by law. P claims negligence against the dog warden and the town in that if they had complied with the statute, P would not have been injured. The town and dog warden demurred in that P was not within the class of persons designed to be protected under the statute; the statute was enacted to determine whether the person bitten would need a rabies shot. The trial judge found that P had not alleged a bit by a diseased dog and dismissed the action against the town and the dog warden. P appealed.