Allen v. Smith

GARDNER, Justice.

Count A (unlike count 1, upon which the cause proceeded to trial) contained no averment as to any ferocious or vicious character of the dog, and defendants’ knowledge or notice thereof. McCullar v. Williams, 217 Ala. 278, 116 So. 137; Strouse v. Leipf, 101 Ala. 433, 14 So. 667, 23 L. R. A. 622, 46 Am. St. Rep. 122.

Counsel for plaintiff insists, as to count A, that it rests for its sufficiency upon a violation of an ordinance of the city of Birmingham (Watts v. Montgomery Traction Co., 175 Ala. 102, 57 So. 471), and that, as the court takes judicial knowledge of the ordinance…