Frazier v. Stone

FLANIGAN, Judge.

Appellants Russell Stone and Freta Stone, husband and wife and defendants below, appeal from a judgment entered against them in the amount of $826.29, arising out of an incident which occurred on September 13, 1972, in which their dog bit Ruby May Frazier, plaintiff below and respondent here.

It is the principal contention of defendants that the plaintiff did not make a sub-missible case in that plaintiff failed to prove that the dog, Skipper, possessed a vicious propensity. Other contentions of defendants need not be considered because this court sustains their principal…