DeWolf v. Casteliano

Action of tort for a dog bite. The plaintiff in her declaration alleges that the dog bit her when she was not committing a trespass or other tort and was not teasing, tormenting or abusing the dog. She does not there allege that she was in the exercise of due care. The defendant’s answer was a general denial, contributory negligence, that the plaintiff was committing a trespass when she was bitten; and that the defendant was neither the owner or keeper of the dog.

At the trial it was admitted that the defendant was the keeper of the dog.

*150In a “Memoranda: Bequests for Bulings and Findings of…