Burke v. Fischer

Opinion op the Court by

Morris, Commissioner

Affirming.

Appellee, plaintiff below, sought to recover damages occasioned by having been bitten by a dog owned by Burke. He asked $2,000 for pain and anguish ;■ $280 for loss of time from his business, $68 for injured clothing and $15 medical bills. It was charged that Burke harbored on his premises a vicious dog whose characteristics were well know to him, and the dog injured him at a time when he was an invitee, or at least a licensee on Burke’s garden truck farm.

Appellant Burke in answer, after denial, plead contributory negligence, assumed risk…