McBride v. Wasik

Banke, Chief Judge.

The appellant sued the appellees, Mr. and Mrs. Wasik, to recover for dog-bite injuries inflicted upon him by their German shepherd dog. The complaint was grounded on the appellees’ alleged negligence and carelessness in failing to control the dog, despite knowledge of its alleged vicious propensities. This appeal is from the grant of the appellees’ motion for summary judgment.

In deposition testimony and in their responses to interrogatories and requests for admissions propounded by the appellant, the appellees denied knowledge of any prior instance in which their dog had…