¶1This is essentially a remedial and not a penal statute. The damages are given wholly to the party injured. The point was directly decided in Reed v. North-field, 13 Pick. 94. Exceptions overruled.
66 Mass. 278
Mitchell v. Clapp
Massachusetts Supreme Judicial Court
Decided October 15, 1853
Massachusetts Supreme Judicial Court · decided 1853-10-15
In an action on Rev. Sts. c. 58, § 13, giving double damages against the keeper of a dog, in favor of a party sustaining damage by such dog, after verdict for the plaintiff, the defendants moved in arrest of judgment, because the injurious acts were not alleged to have been done, contra formam statuti. The motion was overruled in the court of common pleas, and the defendants excepted.
Decided 1853-10-15