Bauman v. Beaujean

Gail Bauman, who was approximately three and one-half years of age at the time of her injury, and her father, Russell H. Bauman, brought suit against the defendant owners of a dog which bit Gail on the Beau jean home premises. While the pleadings and, to a certain extent, the pretrial order seem to implement issues under the old vicious animal theory and the defenses adjusted to that theory, it is the conclusion of counsel for both appellants and respondents that the case was tried, and that the appeal turns exclusively, on the provision of section 3342 of the Civil Code.

In this connection,…