Thomas v. Boyson
Ohio Circuit Courts
Error to the Court of Common Pleas of Franklin county. The plaintiff below, Joseph E, Boyson, sued to recover for personal injuries inflicted by dogs belonging to the defendant. Daniel Thomas.
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Error to the Court of Common Pleas of Franklin county. The plaintiff below, Joseph E, Boyson, sued to recover for personal injuries inflicted by dogs belonging to the defendant. Daniel Thomas. The averments of the petition are, in substance, that the defendant harbored and kept on his farm three vicious and dangerous dogs that he knew were accustomed to bite mankind, and that in wanton and willful disregard of the safety of others he unlawfully and negligently and habitually allowed them to go at large, and that they attacked and bit and wounded the plaintiff The answer admits that the…
1Opinion of the CourtSummers, J.
It is contended that the verdict is against the weight of the evidence; that the court erred in excluding the testimony tending to justify the keeping of the dogs, and erred in its instructions to the jury, and that the damages are excessive, because the plaintiff was seeking work, and the fact of his being bitten being the means of his obtaining employment was a benefit rather than an injury. These contentions other than the last will be considered.
In Hayes v. Smith, 62 Ohio St., 161, it is held that: “The gist of an action to recover damages for a personal' injury inflicted by a vicious…
2Cases cited10 opinions
- Spring Co. v. EdgarSupreme Court of the United States · 1879
- Muller v. . McKessonNew York Court of Appeals · 1878
- Woolf v. ChalkerSupreme Court of Connecticut · 1862
- Marble v. RossMassachusetts Supreme Judicial Court · 1878
- Meibus v. DodgeWisconsin Supreme Court · 1875
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