Lisk v. Hora

The question whether in order to recover for the benefit of the next of kin by virtue of the provisions of Section 10770, General Code, it is necessary that plaintiff aver and prove the vicious character of the dog and the knowledge of the defendant thereof, is squarely presented by the record in this case. The Court of Appeals an swered this question in the affirmative, holding that the trial court erred in directing that the trial should proceed as an action under Section 5838, General Code, and upon such ground reversed the judgment of the common pleas court.

The pertinent parts of that…