Warner v. Chamberlain
Superior Court of Delaware
Action on the case for injuries to plaintiff by the biting of a dog belonging to defendant. On July 14, 1883, plaintiff went to the house of defendant to buy milk, as he was wont to do, and was coming away when the dog attacked him and bit him in the calf of his leg. The bite was a very severe one, as was testified to by plaintiff and other witnesses. Plaintiff testified that defendant on seeing the wound had said he would not have taken that bite for a thousand dollars.
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Action on the case for injuries to plaintiff by the biting of a dog belonging to defendant. On July 14, 1883, plaintiff went to the house of defendant to buy milk, as he was wont to do, and was coming away when the dog attacked him and bit him in the calf of his leg. The bite was a very severe one, as was testified to by plaintiff and other witnesses. Plaintiff testified that defendant on seeing the wound had said he would not have taken that bite for a thousand dollars. One witness testified that several years prior to this he was attacked by the same dog and had shot- him in the head, but…
1Opinion of the Court
Comegys, C. J.,
charging the jury:
That while in the case of untamed animals, a person keeping *21them is liable for any injury they may do to others; yet, where animals have been domesticated, for example dogs, the owner of them is only liable in case he knows they are accustomed to bite, or have a ferocious, savage disposition, or spirit, which domestication has not subdued.
It is not necessary, in order to entitle a plaintiff to recover for the bite of a dog, that he -should prove that another person has been bitten, but it is sufficient if he show by proof that the owner knows him to have a…
2Cited by6 opinions
- Norfolk & Western Railway Co. v. AyersSupreme Court of the United States · 2003
- Prescott v. RobinsonSupreme Court of New Hampshire · 1908
- Clark v. BringsSupreme Court of Minnesota · 1969
- Handy v. Uniroyal, Inc.District Court, D. Delaware · 1971
- F. Giovannozzi & Sons, Inc. v. LucianiSuperior Court of Delaware · 1941
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