WRIGHT V. BROWN
356 A.2d 176 (1975)
NATURE OF THE CASE: Wright (P) appealed a decision which sustained the demurrer of Brown
(P), a dog warden and a town, to P's counts for negligence and nuisance. P sued to recover
damages for personal injuries sustained when the dog that was owned by D bit her.
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.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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