Palmer v. Hampton

The question raised by this motion is whether or not a plaintiff, in an action for personal injuries caused by a domestic animal, a wolf hound dog, may examine the defendant before trial on the issue of scienter. The plaintiff is not seeking a general examination. On the argument he withdrew every item in the notice of examination except No. 3, which reads as follows: “ Whether prior to the said 20th day of December, 1926, the defendant had notice or knew that the said dog attacked or bit or attempted to bite any other person or persons.”

The owner of a domestic animal is not liable for…