PRAKASH KUMAR MUKERJI Vs. HARVEY

JUDGEMENT

(1.) In this suit the plaintiff, Prakash Kumar Mukerjee, who is a little boy of about seven years of age and a son of Panchanan Mukerji, an officer of the Appellate Side of this Court, sues one A.D. Fordyce Harvey to recover damages for injuries he sustained by reason of being bitten by the defendant's dogs.

(2.) It appears that Mr. Harvey has always kept dogs, and in August last he purchased a dog of the breed known as "Great Danes," two of which breed were produced in Court and which are dogs of great size. In September one Mr. Dutt came to Calcutta and Mr. Harvey bought another "Great Dane" from him. Mr. Dutt had three puppies of a similar breed of the age of about five months and wished to dispose of them as he was" about to return to America, and to oblige him Mr. Harvey also bought the three puppies, and thus at the date when the plaintiff says he was bitten, Mr. Harvey had five "Great Danes." These dogs were left in the charge of one Deno, a sweeper, employed by Mr. Harvey to feed, tend and exercise them. It appears to be the essential portion of the sweeper's duties to exercise the dogs, though Mr. and Mrs. Harvey on certain occasions took them out alone.

(3.) On the 25 of January 1909, the sweeper about 4-30 P.M. took the five dogs to the Ballygunge maidan, and there some at any rate, if not all, the dogs attacked and bit the plaintiff very severely and the plaintiff therefore brings this suit.