Benke v. Stepp

Plaintiff in error, Walter J. Benke, a postman engaged in delivering U.S. mail in the residential district of the city of Tulsa, sued defendants in error, husband and wife, to recover damages for personal injuries sustained by plaintiff as a result of being bitten by a vicious dog alleged to have been owned and kept by defendants at their residence.

Plaintiff’s petition detailed knowledge on the part of the defendants, of the vicious character of the dog at the time of plaintiff’s injury.

Defendants answered by general denial. A jury was waived and the cause proceeded to trial before the court.…