Van Bergen v. Eulberg
Supreme Court of Iowa
Appeal from, Sioux District Court. — Hon. George W. Wakefield, Judge. Action for damages resulting from a bite of defendant’s dog. The defendant appeals from a judgment against him.
1Opinion of the CourtLadd, J.
1 That the injured girl threw sticks and stones at the dog several months before she was bitten furnished it no excuse. A dog has no right to brood over its wrongs, and remember in malice. The only defense available to the dog’s master is the doing of an unlawful act, at the time of the attack, by the person injured. *140Shultz v. Griffith, 103 Iowa, 150; Stuber v. Gannon, 98 Iowa, 228. See Gregory v. Woodworth, 93 Iowa, 246.
2 II. The jury, after retiring to deliberate on their verdict, inquired of the court whether they should consider “what the injuries might lead to in the future,” and were…
2Cases cited3 opinions
- Shultz v. GriffithSupreme Court of Iowa · 1897
- Gregory v. WoodworthSupreme Court of Iowa · 1895
- Stuber ex rel. Stuber v. GannonSupreme Court of Iowa · 1896
3Cited by8 opinions
- Le Mars Mutual Insurance Co. of Iowa v. BonnecroySupreme Court of Iowa · 1981
- Collins v. KenealySupreme Court of Iowa · 1992
- Sanders v. O'CallaghanSupreme Court of Iowa · 1900
- Brown v. MoyerSupreme Court of Iowa · 1919
- Beckler v. MerringerSupreme Court of Iowa · 1906
3 more not listed; retrieve them via the Exa API.