Wolff v. Lamann
Court of Appeals of Kentucky
Case 42 — Action for 'Personal Injuries From Bite of Dog — APPEAL PROM JEFFERSON CIRCUIT COURT, COMMON PLEAS DIVISION. Judgment for Plaintiff and Defendant Appeals. 1. The petition does not state a cause of action for negligence, because it does not allege either- negligence or facts from which it can be inferred. Railroad v. Wolf, 80 Ky.; 82. Nor a cause of action for keeping a vicious dog, because it fails to allege the scienter.
Read the full summary
Case 42 — Action for 'Personal Injuries From Bite of Dog — APPEAL PROM JEFFERSON CIRCUIT COURT, COMMON PLEAS DIVISION. Judgment for Plaintiff and Defendant Appeals. 1. The petition does not state a cause of action for negligence, because it does not allege either- negligence or facts from which it can be inferred. Railroad v. Wolf, 80 Ky.; 82. Nor a cause of action for keeping a vicious dog, because it fails to allege the scienter. Young v. Murray, 12 Bush, 337. •Nor an action on the statute for keeping a vicious dog, because-it does not negative the exceptions so as to bring the plaintiff…
1Opinion of the Court
Opinion of the court by
JUDGE BUR'NAM
Reversing.
This is an action for tort, brought under section 68 of the Kentucky Statutes, to recover damages for an injury to plaintiff, a girl of eleven years of age, from, the bite of a dog alleged to have been owned and ke.pt by the defendants. The answer of the defendants is in two paragraphs. In the first they deny that any of them owned or kept the dog at the time and place referred to in the petition, or at all; and in the second paragraph they plead contributory negligence, and allege that the dog was quiet and good-natured, and that he was provoked…
2Cases cited7 opinions
- Muller v. . McKessonNew York Court of Appeals · 1878
- Plumley v. BirgeMassachusetts Supreme Judicial Court · 1878
- Keightlinger v. EganIllinois Supreme Court · 1872
- Meibus v. DodgeWisconsin Supreme Court · 1875
- Fake v. AddicksSupreme Court of Minnesota · 1890
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Atwood v. Casey CountyCourt of Appeals of Kentucky (pre-1976) · 1940
- Lehnhard v. Robertson's AdministratrixCourt of Appeals of Kentucky · 1917