Laverty v. Hogan

McAdam, Ch. J.

The action is to recover damages for the bite of a dog belonging to the defendant’s son, who at the time was twenty years of age.

The theory on which the plaintiff sought to hold the defendant was, that while the dog was not his, he maintained it, because he allowed his son, who lived with him, to keep the dog about the premises. Assuming that the defendant is liable on this theory, he was certainly not liable in the absence of knowledge of the animal’s wicked propensities. The dog was not of the species that are naturally savage and dangerous, and the defendant had the right to…