Meibus v. Dodge
Wisconsin Supreme Court
APPEAL from the Circuit Court for Jefferson County. The plaintiff, a boy about seven years old, was attacked and bitten in the leg by defendant’s dog on the 7th of February, 1874, at the village of Waterloo in Jefferson county; and afterwards, during the same year, he brought this action, by his guardian ad litem, for the injuries thus sustained.
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APPEAL from the Circuit Court for Jefferson County. The plaintiff, a boy about seven years old, was attacked and bitten in the leg by defendant’s dog on the 7th of February, 1874, at the village of Waterloo in Jefferson county; and afterwards, during the same year, he brought this action, by his guardian ad litem, for the injuries thus sustained. The complaint avers that defendant, at the time mentioned, well knowing that the dog was of a ferocious and mischievous disposition, and accustomed to bite mankind, negligently suffered him to go at large without being properly guarded or confined.…
1Opinion of the CourtCole, J.
The counsel for the defendant relies upon three exceptions, which were taken on the trial, to show error on the part of the court below in its rulings. And first, it is insisted that there was error in that portion of the charge in regard to contributory negligence by the child. Upon that question the court gave substantially this instruction: that if the jury should find from the testimony that the lad was meddling with the sleigh of the defendant where the dog was at the time, it would not be a defense, because the. negligence of the defendant’s act consisted in allowing the animal to run…
2Cases cited5 opinions
- Oakes v. SpauldingSupreme Court of Vermont · 1867
- Pickett v. CrookWisconsin Supreme Court · 1866
- Putnam v. PayneNew York Supreme Court · 1816
- Brown v. CarpenterSupreme Court of Vermont · 1854
- Hinckley v. EmersonNew York Supreme Court · 1825
3Cited by32 opinions
- Smith v. WadeSupreme Court of the United States · 1983
- Sloan v. EdwardsCourt of Appeals of Maryland · 1883
- Burger v. Missouri Pacific Railway Co.Supreme Court of Missouri · 1892
- St. Luke Evangelical Lutheran Church, Inc. v. SmithCourt of Appeals of Maryland · 1990
- Plumley v. BirgeMassachusetts Supreme Judicial Court · 1878
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