Fink v. Miller

Opinion by

Mr. Justice Maxey,

Plaintiff brought an action against the defendant for damages based on the allegation that plaintiff was bitten by a dog of vicious propensities which defendant kept upon her premises. The affidavit of defense filed denied that the dog which inflicted the injuries was in the charge, custody and control of the defendant or that she well knew it was an animal of vicious propensities. At the conclusion of plaintiff’s testimony a nonsuit was granted.

Plaintiff testified that the dog which bit her on the elbow and ankle on June 4, 1935, while entering the back door of…