Bailey v. Veitch

Hurlbutt, J.E, and Hayes, J. (dissenting in part).

We respectfully dissent in part. We agree with the majority that there are issues of fact whether Sable, the dog allegedly owned and/or harbored by defendants, caused the injuries sustained by plaintiffs daughter and whether defendant John Veitch knew or should have known that Sable had vicious propensities. We *1082cannot agree with the majority, however, that there is an issue of fact whether defendant Kathleen A. Cappon had notice of Sable’s alleged vicious propensities. We thus conclude that Supreme Court properly granted the motion of Cappon…