Cuney v. Campbell
Supreme Court of Minnesota
Action in the district court for Scott county to recover $5,000 damages for injury to plaintiff’s minor son resulting from the bite of a vicious dog. The case was tried before Cadwell, J., and a jury, which rendered a verdict in favor of plaintiff for $175. From an order denying a motion for a new trial, defendant appealed.
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Action in the district court for Scott county to recover $5,000 damages for injury to plaintiff’s minor son resulting from the bite of a vicious dog. The case was tried before Cadwell, J., and a jury, which rendered a verdict in favor of plaintiff for $175. From an order denying a motion for a new trial, defendant appealed. Negligence cannot be imputed to the owner unless he had knowledge of the vicious character of the animal, or unless the animal has been vicious for such length of time that the owner must be presumed to have known his character. Muller v. McKesson, 73 N. Y. 195; Fake v.…
1Opinion of the CourtCollins, J.
The facts controlling this case are undisputed, and there is no controversy over the law which governs. Defendant kept a store, ■ near a church, at the junction of two public roads, about one mile from a small village. The store stood on the corner made by these roads, and a lane ran upon one side and one end of the building, so that the public could walk or drive, completely around it. Across the lane, a short distance from the store, was his dwelling, approached from the former through a gate in the fence bordering on the lane. .We speak of these conditions particularly, because of their…
2Cases cited2 opinions
- Godeau v. BloodSupreme Court of Vermont · 1880
- Fake v. AddicksSupreme Court of Minnesota · 1890
3Cited by13 opinions
- Harris v. Breezy Point Lodge, Inc.Supreme Court of Minnesota · 1953
- Clark v. BringsSupreme Court of Minnesota · 1969
- Hagerty v. RadleSupreme Court of Minnesota · 1949
- Boitz v. PreblichCourt of Appeals of Minnesota · 1987
- Olson v. PedersonSupreme Court of Minnesota · 1939
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