Ferguson v. Gangwer

Terrell, C. J. —

Defendant in error brought a common-law action against the plaintiff in error to recover damages for personal injuries resulting from an attack and bite of a French bulldog belonging to the latter. A demurrer to the declaration was overruled, a number of pleas were filed, and a demurrer to the third plea was sustained. The trial resulted in a verdict and judgment for the plaintiff, to which the defendant took writ of error.

It is first contended that the declaration was fatally defective in that it did not allege that defendant’s bulldog was vicious and that he (defendant) had…