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Rossi v. DelDuca

Supreme Judicial Court of Massachusetts

181 N.E.2d 591 (1962)

Relevant factsFree

Eight-year-old Patricia Rossi (plaintiff), fleeing a German Weimaraner dog, cut across a field owned by Ernest DelDuca (defendant) and was attacked and seriously injured there by two of DelDuca's Great Danes. Rossi sued under a Massachusetts statute holding dog owners strictly liable for injuries their dogs cause, unless the victim was a trespasser at the time of the attack; the jury found for Rossi, and DelDuca argued on appeal that Rossi was a trespasser when his dogs attacked her.

IssueFree

Whether a person who enters another's property to avoid serious harm is liable for trespass.

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