Benson v. Bush

Appellant, Lloyd Benson, was granted recovery by the superior court sitting without a jury for personal injuries caused by the intentional tort of respondent Yeager Bush. He appeals from that part of the judgment which dismisses the marital community of Yeager Bush and wife from the case.

Respondents introduced no testimony and the facts are not in conflict. The parties, next-door neighbors, each owned a dog. The incident in question commenced when appellant’s dog went onto respondents’ porch, attacking respondents’ dog. Appellant came onto the porch to separate the animals by pulling his dog…