Sylvester v. Maag
Supreme Court of Pennsylvania
Appeal, No. 285, Jan. T., 1898',. by defendant, Charles Maag, from judgment of C. P. No. 3, Phila. Co., on verdict for plaintiff, Charles Sylvester. Trespass for personal injuries by ferocious dogs. At the trial, before Finletter, P. J., it appeared that plaintiff, a real estate broker, had charge of the land which defendant occupied as tenant at will.
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Appeal, No. 285, Jan. T., 1898',. by defendant, Charles Maag, from judgment of C. P. No. 3, Phila. Co., on verdict for plaintiff, Charles Sylvester. Trespass for personal injuries by ferocious dogs. At the trial, before Finletter, P. J., it appeared that plaintiff, a real estate broker, had charge of the land which defendant occupied as tenant at will. The property having been sold, plaintiff went to the farm in 1890 to notify defendant of the sale, and to secure the signs “ for sale ” which had been placed upon the fences. Defendant owned two dogs, a setter and a spitz, and had placed on a…
1Opinion of the Court
Per Curiam,
The only assignment of error in this case is the refusal of the court to charge that, “ under all the evidence the verdict of the jury must be for the defendant.”
It is unnecessary to refer to the testimony further than to say that, among other things, it clearly tended to prove; (1) That plaintiff was lawfully on defendant’s premises when *227he was bitten by the dog; and (2) that the dog, by which he was thus bitten, was a ferocious and dangerous animal, and the defendant then knew that such was its nature and character.
In submitting the case to the jury, the learned president of the…
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