SOUTHWICK BIRDS & ANIMALS v. CTY. COMMR. OF WORCESTER


360 Mass. 133 (1971)

273 N.E.2d 581

SOUTHWICK BIRDS AND ANIMALS, INC. vs. COUNTY COMMISSIONERS OF WORCESTER COUNTY.

Supreme Judicial Court of Massachusetts, Worcester.

September 30, 1971.


Attorney(s) appearing for the Case

James C. Donnelly, for the respondents, submitted a brief.

Jacob Oppewal for the petitioner.

Present: TAURO, C.J., CUTTER, REARDON, QUIRICO, & HENNESSEY, JJ.


CUTTER, J.

This petition for a writ of certiorari seeks review of the county commissioners' denial of damages to the petitioner corporation (Southwick) for attacks by dogs on its stock of "rare and exotic birds." The commissioners filed a return, later extended by court order. A Superior Court judge (on December 15, 1969, subject to the commissioners' exception) directed that the commissioners' disallowance of the claim be quashed and that the claim be allowed with...

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