Slinger v. Henneman
Wisconsin Supreme Court
APPEAL from the Circuit Court for Saule County. The complaint charges that the defendant owned and kept a large and ferocious dog, accustomed to attack travelers and teams passing along the highway, which the defendant well knew; and that on or about May 1, 1874, the plaintiff was peaceably and lawfully passing along the highway in Sauk county, near the residence of the defendant, in a wagon with a team of horses attached thereto, when such dog, without warning or…
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APPEAL from the Circuit Court for Saule County. The complaint charges that the defendant owned and kept a large and ferocious dog, accustomed to attack travelers and teams passing along the highway, which the defendant well knew; and that on or about May 1, 1874, the plaintiff was peaceably and lawfully passing along the highway in Sauk county, near the residence of the defendant, in a wagon with a team of horses attached thereto, when such dog, without warning or provocation, suddenly made a fierce and violent attack on plaintiff's team, frightening the horses and causing them to run,…
1Opinion of the CourtLyon, J.
The controlling question to be determined on the appeal is, Can the defendant be held liable for the consequences of the vicious or mischievous act of his dog, unless he had previous knowledge of the vicious or mischievous propensities of the animal ? At the common law he would not be *508liable therefor without such knowledge. Hence, if be is so liable, it is because the common law on that subject lias been abrogated, and a new and increased liability established, by some statute. All existing statutory provisions on the subject are contained in ch. 67, Laws of 1871, entitled “ An act to protect…
2Cases cited3 opinions
- State ex rel. Attorney General v. O'NeillWisconsin Supreme Court · 1869
- Slauson v. City of RacineWisconsin Supreme Court · 1861
- Kertschacke v. LudwigWisconsin Supreme Court · 1871
3Cited by26 opinions
- State ex rel. Van Alstine v. FrearWisconsin Supreme Court · 1910
- Adams v. City of BeloitWisconsin Supreme Court · 1900
- Boyd v. BryantSupreme Court of Arkansas · 1879
- Nelson v. HansenWisconsin Supreme Court · 1960
- Dells v. KennedyWisconsin Supreme Court · 1880
21 more not listed; retrieve them via the Exa API.