Jensen v. Feely

SHANGLER, Judge.

The plaintiff Jensen sued the owner of a dog to recover for a bite inflicted upon him by an animal at large on a public street, and not restrained by a leash as required by municipal ordinance. The plaintiff contends that the trial court erred in the submission of the case under a verdict director which required a finding of negligence, instead of on the negligence per se theory tendered.

The claim arises from a bite inflicted by Misty, a small dog, owned by the daughter of defendant Feely. Jensen was bitten, according to his version, by Misty while held at bay by a larger dog.…