Maron v. Marciniak

This action is brought by plaintiff for the benefit of his minor son 9 years of age. It is claimed that the child was bitten by a vicious dog harbored by defendant and owned by his small son.

Plaintiff was given a verdict. Defendant appealed from an order denying his alternative motion for judgment notwithstanding the verdict or for a new trial.

The assignment of error challenges the sufficiency of the evidence. The action sounds in tort and rests upon the theory that the defendant knowingly kept a vicious dog and permitted it to run at large. Plaintiff’s evidence is sufficient to authorize the…