CONCORD, N.H. (AP) – The town of Barrington cannot be held responsible for failing to control a stray dog that damaged a man’s home, the state Supreme Court ruled Tuesday.
Dan Cui had sued the town for $1,452 to cover damage to his porch. He said that over a year, he repeatedly called town officials and asked them to capture or remove a potentially rabid dog living on his property. Finally, after the dog killed a neighbor’s pigs, Cui succeeded in capturing it.
Cui claimed that under the Dog Control Law, town officials were obligated to act, and a Rochester District Court judge agreed. But the Supreme Court said towns only can be held liable for harm inflicted by a dog on another animal.
“We decline to impose a legal duty upon the town to prevent a stray dog from wandering onto the plaintiff’s property and chewing on his dwelling,” the court said.
AP-ES-05-15-07 1345EDT
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