Eberhart v. Reister

The complaint of the appellee alleges that “the defendant wrongfully and injuriously did keep a dog of a savage and ferocious nature, he, the defendant, knowing that said dog was accustomed to bite mankind,” and that it did bite and injure the appellee. There is no allegation in the complaint that the plaintiff was without fault, nor are there any facts from which it can be inferred that she was not guilty of contributory negligence, and it is contended, that for the want of the averment that the plaintiff was without fault, and because of the absence of facts from which that conclusion may…