Ahlstrand v. Bishop

Mr. Presiding Justice Sears

delivered the opinion of the court.

There is no evidence to sustain the allegation of the narr. that appellant negligently permitted the dog to run at large, or, as expressed, in the declaration, “ to go unrestrained,” whereby, etc., for the evidence establishes that the dog was kept upon a chain in appellant’s yard. The case went to the jury upon those counts which alleged only that appellant kept a dog known to be vicious; that appellee was lawfully upon the premises, without negligence upon his part, and was attacked and injured by the dog.

If it were necessary to…